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MUSHLAM, INC. v. NAZOR

3703, 3703A, 100207/08.

80 A.D.3d 471 (2011)

916 N.Y.S.2d 25

MUSHLAM, INC., Respondent, v. MARIE NAZOR et al., Appellants.

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

Decided January 13, 2011.

Section 220 of the Real Property Law provides that in an action for use and occupancy "[t]he landlord may recover a reasonable compensation for the use and occupation of real property, by any person, under an agreement, not made by deed; and a parol lease or other agreement may be used as evidence of the amount to which he is entitled" (emphasis added). The reasonable value of use and occupancy is the fair market value of...

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