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Matter of Ghignone v. Joy

Court of Appeals of the State of New York
Jan 14, 1982
55 N.Y.2d 853 (N.Y. 1982)

Opinion

Decided January 14, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. RUBIN, J.

John G. Hall for appellant.

Harry Michelson and Stephen H. Deutschmeister for respondents.


On summary consideration, order affirmed, with costs. Mrs. Thompson is clearly entitled to "use or possession" of the apartment within the meaning of the decontrol provisions of the rent control statute, and has resided there continually since 1942. Accordingly, there has been no hiatus in possession or actual physical vacancy of the premises by the statutory tenant as would be required to support an order of decontrol.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge JONES.


Summaries of

Matter of Ghignone v. Joy

Court of Appeals of the State of New York
Jan 14, 1982
55 N.Y.2d 853 (N.Y. 1982)
Case details for

Matter of Ghignone v. Joy

Case Details

Full title:In the Matter of GERTRUDE GHIGNONE, Appellant, v. DANIEL W. JOY, as…

Court:Court of Appeals of the State of New York

Date published: Jan 14, 1982

Citations

55 N.Y.2d 853 (N.Y. 1982)
447 N.Y.S.2d 708
432 N.E.2d 601

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