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330 CENT. PARK v. PANDALFO

144 Misc.2d 991 (1989)

330 Central Park Realty Co., Respondent, v. Gary Pandalfo, Appellant.

Supreme Court, Appellate Term, Second Department.

October 26, 1989

Attorney(s) appearing for the Case

Gerald A. Norlander and Judith B. Studebaker for appellant. Taylor McCullough, Goldberger & Geoghegan for respondent.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Appeal dismissed without prejudice to any other remedy tenant may have.

In this nonpayment proceeding, tenant applied for an order to show cause seeking to vacate a default final judgment and warrant. The court below refused to sign tenant's order to show cause, directed landlord's attorney to appear and set the matter down for an immediate "hearing". At this "hearing", the court did not swear in any...

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