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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Payne v. Rivera, 28 Misc. 3d 469 (2010)

Citation
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Parent Document
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Jurisdiction
New York (state)
Effective Date
2010-05-14

Full Text

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See also Del Gigante v Danilova (188 Misc 2d 240, 244-245 [Civ Ct, Bronx County 2001), where the court declined to dismiss on papers a summary holdover proceeding to recover possession of *474an illegal rent-stabilized apartment as to which the curability of the illegality was not shown ([i]n weighing the equities it is clear that public policy compels this Court to place first and foremost the well-being of the tenant, the public and any firefighters or other emergency personnel that might be called to the premises if calamity struck. Whether legalization of the subject premises is a remedy available to the tenant is a question that can be determined in due course” [citation omitted]).