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MATTER OF GIANCOLA v. MIDDLETON

2008-11330.

73 A.D.3d 1056 (2010)

900 N.Y.S.2d 752

In the Matter of FRED GIANCOLA et al., Appellants, v. JAMES MIDDLETON, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 18, 2010.

Ordered that the order dated April 19, 2008, is reversed, on the law, with costs, the order dated April 3, 2007, is reversed, the motion of James Middleton to dismiss the petition is denied, and the matter is remitted to the Civil Court, Kings County, for further proceedings consistent herewith.

The petitioners, who owned rent-stabilized apartments in Brooklyn, served a notice of nonrenewal on the tenant, James Middleton. The notice warned that if Middleton failed...

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