MATTER OF UTICA HILLCREST MANOR CORP. v. ULES


292 A.D.2d 866 (2002)

739 N.Y.S.2d 319

In the Matter of UTICA HILLCREST MANOR CORP., Respondent, v. MARY ULES et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 15, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner served respondents, its month-to-month tenants, with a notice to terminate the tenancy and thereafter commenced a summary proceeding to evict them as holdover tenants. Respondents raised a defense of retaliatory eviction under Real Property Law § 223-b. Following a trial, City Court granted judgment in favor of petitioner...

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