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PULTZ v. ECONOMAKIS

10 N.Y.3d 542 (2008)

890 N.E.2d 880

860 N.Y.S.2d 765

DAVID S. PULTZ et al., Appellants, v. CATHERINE ECONOMAKIS et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Collins Dobkin & Miller, LLP, New York City (Stephen Dobkin, Seth A. Miller and W. Miller Hall of counsel), for appellants.

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel of counsel), and Rose & Rose (Todd A. Rose of counsel) for respondents.

Legal Services for New York City, New York City (Raun J. Rasmussen and David Robinson of counsel), and South Brooklyn Legal Services, Brooklyn (John C. Gray and Jennifer Levy of counsel), for City-Wide Task Force on Housing Court and others, amici curiae.

Borah Goldstein Altschuler Nahins & Goidel, P.C., New York City (Jeffrey R. Metz of counsel), for Community Housing Improvement Program, Inc. and another, amici curiae.

Belkin Burden Wenig & Goldman, LLP, New York City (Sherwin Belkin and Magda L. Cruz of counsel), for Rent Stabilization Association of New York City, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

Defendants are a married couple who own a five-story, 15-unit apartment building in Manhattan. Six of these units are rent stabilized and each plaintiff is a tenant of a rent-stabilized apartment within the building.

In June and September 2004, defendants served two plaintiffs with notices of "non-renewal of lease," stating their intention to recover possession of all...

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