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KATZMAN v. CITY OF NY

183 Misc.2d 501 (1999)

703 N.Y.S.2d 347

BRUCE KATZMAN et al., as Trustees of the SYLVIA GREENE 1967 TRUST, Appellants, v. CITY OF NEW YORK, Respondent.

Supreme Court, Appellate Term, First Department.

October 14, 1999.

Attorney(s) appearing for the Case

Finkelstein Newman, L. L. P., New York City (Daniel Finkelstein and Mark A. Chapman of counsel), for appellants.

Michael D. Hess, Corporation Counsel of New York City (Larry A. Sonnenshein, Sung Teak Kim and Mordecai Newman of counsel), for respondent.

PARNESS, P. J., McCOOE and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered December 1, 1998 reversed, with $10 costs, and tenant's motion to dismiss the holdover petition is denied.

In this holdover proceeding, landlord seeks possession of commercial space held by tenant the City of New York under monthly hiring after expiration of a written lease. Civil Court dismissed the petition, without prejudice, upon the ground that landlord served a premature notice of claim upon the...

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