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SAAD v. ELMUZA

12 Misc.3d 57 (2006)

818 N.Y.S.2d 414

MOHAMMED M. SAAD, Appellant, v. MARGARET ELMUZA, Respondent.

Supreme Court, Appellate Term, Second Department.

May 17, 2006.

Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg & Block, P.C., New York City (Jennifer L. D'Ambrosio of counsel), for appellant.

Domenick Napoletano, Brooklyn, for respondent.

GOLIA, J.P., and RIOS, J., concur; BELEN, J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

In this holdover proceeding based upon a 30-day notice terminating what landlord alleges to be a month-to-month tenancy, tenant claims that she is protected under rent control. After trial, the court dismissed the petition, finding that tenant, who is currently in possession of the second-floor apartment, was in possession of...

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