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OSBORNE v. MOUTAFIS

7 Misc.3d 32 (2005)

793 N.Y.S.2d 668

WILLIAM OSBORNE, Respondent, v. PETER MOUTAFIS, Appellant.

Supreme Court, Appellate Term, Second Department.

January 27, 2005.

Attorney(s) appearing for the Case

Scheyer & Jellenik, Nesconset (Stephen R. Jellenik of counsel), for appellant.

Cahn & Cahn, LLP, Melville (Daniel K. Cahn of counsel), for respondent.

RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously affirmed without costs.

Landlord commenced the instant commercial summary holdover proceeding to recover possession of the premises. Absent the parties' contrary intent, the purchase contract, executed before the commercial lease expired, merged the landlord-tenant relationship into that of vendor-vendee in possession (Barbarita v Shilling...

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