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KLUGHERZ v. SUTPHIN FOOD SHOP

91 Misc.2d 262 (1977)

Richard Klugherz, as Attorney for Marglo Associates, Respondent, v. Sutphin Food Shop, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

July 11, 1977

Attorney(s) appearing for the Case

Sprague & Sprague (John Peter Sprague of counsel), for appellant. Leonard Lazarus and Richard Klugherz, pro se for respondent.

Concur: PINO, P. J., and THOMPSON, J.; WEINSTEIN, J., taking no part.

MEMORANDUM.

Order modified by providing that the denial of tenant's motion be without prejudice to the institution of a plenary suit by tenant, if it be so advised; as so modified, affirmed without costs.

In this nonpayment summary proceeding, the parties entered into a stipulation of settlement and a final judgment was entered thereon. Thereafter, landlord obtained a warrant of eviction based upon tenant's noncompliance...

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