EVERSMAN v. COLLODO


88 Misc.2d 86 (1976)

Violet Eversman, as Agent for Rivington-Eldridge Associates, Inc., Respondent, v. Pedro Collodo, Appellant.

Supreme Court, Appellate Term, First Department.

October 27, 1976


Attorney(s) appearing for the Case

Michael D. Kaufman, Jill Kupferberg, Peter M. Wendt and Nancy E. LeBlanc for appellant. Goldweber & Hershkowitz (Max Goldweber of counsel), for respondent.

Concur: HUGHES, P. J., GELLINOFF and RICCOBONO, JJ.


Per Curiam.

Order entered April 22, 1976 (NASON, H.O.) reversed, with $10 costs, motion granted, final judgment vacated, and case remanded to the Housing Part of the Civil Court of the City of New York, County of New York, for proceedings consistent with this decision.

In this nonpayment summary proceeding, it was an improvident exercise of discretion for the court below to condition an adjournment requested by petitioner upon the payment into court...

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