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GIANCOLA v. MIDDLETON

21 Misc.3d 34 (2008)

FRED GIANCOLA et al., Appellants, v. JAMES MIDDLETON, Respondent.

Supreme Court, Appellate Term, Second Department.

August 19, 2008.

Attorney(s) appearing for the Case

Kossoff & Unger, New York City (Stacie Bryce Feldman of counsel), for appellants.

Collins, Dobkin & Miller, LLP, New York City (Stephen Dobkin of counsel), for respondent.

RIOS, J.P., and PESCE, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this owner-occupancy holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524.4 [a]), landlords' notice of nonrenewal stated, in relevant part:

"[O]ne of the Landlord/Owners[] seeks to recover possession of the premises involved for the personal use and occupancy of the premises involved by a member of...

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