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BELMONT OWNERS CORP v. MURPHY

153 Misc.2d 444 (1992)

Belmont Owners Corp., Appellant, v. Ann Murphy et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 14, 1992

Attorney(s) appearing for the Case

Richard Creditor and Renee Digrugilliers, Forest Hills, for appellant. Robert A. Katz, Rego Park, for Ann Murphy, respondent.

KASSOFF, P. J., JOY and SCHOLNICK, JJ., concur.

MEMORANDUM.

Order insofar as appealed from by landlord unanimously reversed without costs and motion by tenant denied in its entirety.

The issue on this appeal is whether the Civil Court is empowered to enlarge the 10-day statutory postjudgment cure period provided for in RPAPL 753 (4). For the reasons that follow, we hold that it is not.

RPAPL 753 (4) provides that in a holdover proceeding based upon a...

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