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CORASTOR HOLDING CO v. MASTNY

12 Misc.3d 13 (2006)

816 N.Y.S.2d 817

CORASTOR HOLDING COMPANY INC., Appellant, v. DAVID MASTNY, Respondent.

Supreme Court, Appellate Term, Second Department.

March 7, 2006.

Attorney(s) appearing for the Case

Steven J. Masef, Kew Gardens, for appellant.

Himmelstein McConnell Gribben Donoghue & Joseph, New York City (David E. Frazer of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order modified by providing that, upon reargument, tenant's motion for summary judgment is denied; as so modified, affirmed without costs.

In this holdover proceeding predicated on the service of a notice purporting to terminate a monthly tenancy, the petition alleges that tenant resides in a unit which is subject to the Loft Law (Multiple Dwelling Law art 7-C) but...

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