326-330 E. ST. v. SOFIZADE


191 Misc.2d 329 (2002)

741 N.Y.S.2d 380

326-330 EAST 35TH STREET ASSOC., Appellant, v. GARY SOFIZADE, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 4, 2002.


Attorney(s) appearing for the Case

Lapidus & Smith, LLP, New York City (Wayne R. Smith and William J. Ferrall of counsel), for appellant.

John D. Gorman, New York City, for Gary Sofizade, respondent.

McCOOE, J.P., GANGEL-JACOB and SUAREZ, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order entered June 29, 2001 reversed, with $10 costs, tenant's motion denied, holdover petition reinstated, landlord's cross motion for summary judgment on the petition is granted, and the matter remanded to Civil Court for further proceedings consistent with this decision.

The holdover summary proceeding stems from allegations that the stabilized tenant breached a substantial leasehold obligation by "consistently...

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