The following excerpt is from Burack v. I. Burack, Inc., 128 Misc.2d 324, 490 N.Y.S.2d 82 (N.Y. City Ct. 1985):
The case of Harrison v. DeLuke, 35 Misc.2d 39, 229 N.Y.S.2d 945, cited by petitioner, is distinguishable. In that case the respondent tenant was in possession with the consent of two co-tenants without a lease. The court held that, as against a tenant without a leasehold interest, the
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