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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction
New York (state)
Effective Date
2010-02-23

Full Text

851 chars
In the instant proceeding, landlord alleges that tenant entered into possession of the subject apartment pursuant to an occupancy agreement incident to a contract of sale, that upon termination of the occupancy agreement she became a month-to-month tenant pursuant to an oral agreement, that her term expired on May 31, 2007 and that she was given more than 30 days’ notice of the termination of her tenancy. Landlord attached to the petition a copy of the termination notice and proof of its service. Tenant’s answer denies the existence of a landlord-tenant relationship, raises the possibility that the apartment is subject to rent regulation, and asserts 10 affirmative defenses and four counterclaims. The answer does not challenge service of the termination notice, and, in a letter attached to the answer, tenant admitted receipt of the notice.