MARWYTE REALTY v. VALCARCEL


150 Misc.2d 1044 (1991)

Marwyte Realty Assoc. Ltd., Respondent, v. Rosa Valcarcel, Appellant.

Supreme Court, Appellate Term, First Department.

November 1, 1991


Attorney(s) appearing for the Case

Legal Aid Society (Marshall Green and Bruno Bianchi of counsel), for appellant. Gold & Rosenblatt (Kenneth E. Rosen of counsel), for respondent.

RICCOBONO, J. P., PARNESS and McCOOE, JJ., concur.


Per Curiam.

Final judgment entered June 8, 1990 reversed, with $30 costs, final judgment granted in favor of tenant dismissing the petition, and the injunction permanently enjoining tenant and her children from appearing within 1,000 feet of the subject premises is vacated.

In this holdover proceeding, landlord sought the ouster of rent-stabilized tenant Valcarcel pursuant to RPAPL 711 (5) and 715 on the ground...

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