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ANELLO v. FIEDLER

2019-1458 K C.

73 Misc.3d 46 (2021)

2021 NY Slip Op 21333

JOSEPH ANELLO, Respondent, v. PAUL FIEDLER, Appellant, et al., Undertenants.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided November 26, 2021.

Attorney(s) appearing for the Case

William E. Leavitt for appellant.

Stern & Stern, Esqs. ( David Stern and Pamela Smith of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In February 2018, landlord commenced this owner's use holdover proceeding to recover possession of tenant's rent-stabilized apartment for his son's use. The petition alleges that the lease expired on August 31, 2017, pursuant to a notice of nonrenewal and that tenant continued in possession of the premises without permission of the landlord...

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