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GENC REALTY LLC v. NEZAJ

13 Misc.3d 114 (2006)

827 N.Y.S.2d 405

GENC REALTY LLC, Respondent, v. SELMAN NEZAJ, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 22, 2006.

Attorney(s) appearing for the Case

Altman & Altman, Bronx (Joseph A. Altman of counsel), for appellant.

Cohen & Stark, LLP, Bronx (Mark H. Cohen of counsel), for respondent.

DAVIS and SCHOENFELD, JJ. concur; McCOOE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about September 24, 2004, affirmed, with $25 costs.

We affirm Civil Court's grant of the holdover petition for possession of the superintendent's apartment (unit 5E) at the building premises. The trial evidence showed, and it is not seriously disputed, that respondent Nezaj, after living in the building for several years, was hired as...

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