COVINGTON v. McKEIVER


88 Misc.2d 1000 (1976)

Alphonzo Covington, Respondent, v. Mary McKeiver, Appellant.

Supreme Court, Appellate Term, Second Department.

August 20, 1976


Attorney(s) appearing for the Case

Leonard S. Clark and Michael J. Ciota for appellant. V. Roy Cacciatore for respondent.

Concur — GLICKMAN, P. J., GAGLIARDI and SILBERMAN, JJ.


Per Curiam.

The final judgment should be unanimously modified by vacating the final judgment in favor of landlord and awarding final judgment to the tenant dismissing the petition and by severing tenant's first counterclaim and remanding same for trial, and, as so modified, final judgment affirmed, without costs.

In the present case, landlord instituted a nonpayment proceeding to recover the amount of $700...

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