Paikoff v. Harris
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously modified by denying tenant’s and undertenant’s cross motion and granting summary judgment to landlords awarding them possession and dismissing the counterclaim; as so modified, affirmed without costs.
Landlords, the sponsors of a cooperative conversion, commenced this holdover proceeding to recover possession of an apartment rented by tenant and “undertenant” (hereinafter tenants) subsequent to the conversion. Their petition alleged, inter alia, that tenants were not “non-purchasing tenants” *374within the meaning of the Martin Act (General Business…
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