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KOSLOWSKI v. PALMIERI

98 Misc.2d 885 (1979)

Sam Koslowski, Respondent, v. Joseph Palmieri, Appellant.

Supreme Court, Appellate Term, Second Department.

January 22, 1979

Attorney(s) appearing for the Case

Stephen Dobkin, John C. Gray, Jr., and David Ratner for appellant. Ira Greene and Irwin Weinbaum for respondent.

Concur: WEINSTEIN, J. P., MANGANO and HIRSCH, JJ.

MEMORANDUM.

Order of the court below (94 Misc.2d 555) unanimously reversed, without costs, motion to proceed as a poor person granted and matter remanded to the court below for a jury trial with the jury fee waived.

In this nonpayment summary proceeding, tenant in his answer denied the material allegations of the petition and objected to jurisdiction. He also alleged a breach...

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