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CALDWELL v. AMERICAN PACKAGE

57 A.D.3d 15 (2008)

866 N.Y.S.2d 275

JOHN CALDWELL et al., Appellants-Respondents, v. AMERICAN PACKAGE COMPANY, INC., Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 2008.

Attorney(s) appearing for the Case

Goodfarb & Sandercock, LLP, New York City (Margaret B. Sandercock of counsel), for appellants-respondents.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Jeffrey R. Metz of counsel), for respondent-appellant.

MILLER, DILLON and MCCARTHY, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

The plaintiffs, John Caldwell and Desiree Konian, reside, pursuant to a commercial lease, in a commercial building for which there is no residential certificate of occupancy. The building is owned by the defendant American Package Company, Inc.

Caldwell and Konian (hereinafter the tenants) asked the Supreme Court to declare that even though their lease is commercial, their tenancy is nevertheless subject to the...

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