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SULKOW v. STERN

1 Misc.3d 19 (2003)

767 N.Y.S.2d 557

RICHARD A. SULKOW, Appellant, v. ANDOR STERN, Respondent and Third-Party Plaintiff, et al., Third-Party Defendant.

Supreme Court, Appellate Term, Second Department.

July 18, 2003.

Attorney(s) appearing for the Case

Howard R. Birnbach, Great Neck, for appellant.

Eliezer B. Krause, Brooklyn, for respondent.

PESCE, P.J., and GOLIA, J., concur; RIOS, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action, plaintiff sublessor seeks to recover unpaid rent for a co-op apartment for the months of January 2000 through May 2000 from defendant, the subtenant's guarantor. After learning that the subtenant was harboring two dogs, the co-op served a notice of termination, dated December 28, 1998, which terminated plaintiff's proprietary...

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