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30 CARMINE LLC v. DEPIERRO

7 Misc.3d 836 (2005)

791 N.Y.S.2d 383

30 CARMINE LLC, Petitioner, v. STEPHEN DEPIERRO et al., Respondents.

Civil Court of the City of New York, New York County.

March 10, 2005.

Attorney(s) appearing for the Case

Risi & Associates, New York City (Stephen I. Wohlberg of counsel), for respondents.

Joseph C. Andruzzi, New York City, for petitioner.

OPINION OF THE COURT

ELLEN GESMER, J.

In this commercial holdover proceeding, petitioner seeks possession of the store which respondents have occupied for the last 15 years. Petitioner claims that respondents have no lease and that petitioner has validly terminated respondents' month-to-month tenancy. Respondents' defense is that they have a valid lease, which was signed by Armand Chiofalo, the managing agent of petitioner's predecessor. In reply, petitioner...

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