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EIGHT ASSOC. v. HYNES

120 Misc.2d 458 (1983)

Eight Associates, Respondent, v. Michael Hynes, Appellant.

Supreme Court, Appellate Term, First Department.

June 24, 1983

Attorney(s) appearing for the Case

Spiros A. Tsimbinos for appellant. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Joel A. Mitofsky of counsel), for respondent.

HUGHES, J. P., and RICCOBONO, J., concur; SULLIVAN, J., dissents in a separate memorandum.

Per Curiam.

Order dated December 9, 1981 is affirmed, with $10 costs.

Landlord initiated this nonpayment proceeding on November 16, 1979. Tenant failed to answer the petition and a default final judgment of possession was awarded in favor of the landlord on January 14, 1980. Following tenant's eviction on February 1, 1980, the tenant, by order to show cause dated March 6, 1980, moved to vacate the judgment of possession upon the grounds that he had...

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