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SEMINOLE HOUS. CORP. v. M & M GARAGES

78 Misc.2d 762 (1974)

Seminole Housing Corporation et al., Respondents, v. M & M Garages, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

August 21, 1974

Attorney(s) appearing for the Case

Weinstein & Skoller, P. C., for appellant. Maggin & Swan and I. Louis Friedman for respondents.

Concur — SCHWARTZWALD, P. J., CONE and PINO, JJ.

MEMORANDUM.

Final judgments unanimously modified by deleting those portions awarding landlord the value of tenant's use and occupancy of the premises involved, without prejudice to a separate action therefor, and as so modified, affirmed, without costs.

There is no provision in the Real Property Actions and Proceedings Law for such an award to be included in a judgment in a summary proceeding (cf. Real Property Actions and Proceedings Law, §...

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