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PINECREST ASSOC. v. SMITH

196 Misc.2d 494 (2003)

762 N.Y.S.2d 758

PINECREST ASSOCIATES, Respondent, v. KAREN SMITH, Appellant.

Supreme Court, Appellate Term, Second Department.

May 29, 2003.

Attorney(s) appearing for the Case

Hudson Valley Law Center, White Plains (Robert Eisneros of counsel), for appellant.

Shamberg, Marwell, Hockerman, Davis & Hollis, P.C., Mount Kisco (Richard J. King and Joseph N. Madden of counsel), for respondent.

LIFSON, J.P., RUDOLPH and SKELOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously affirmed without costs.

We agree with the Justice Court's conclusion that the occupancy restriction in tenant's section 8 (new construction) lease was mandated by the Department of Housing and Urban Development pursuant to 24 CFR 880.606 (b) (1), which requires that such leases conform to the model lease in landlord's approved final proposal...

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