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CITY OF NEW YORK v. WRIGHT

162 Misc.2d 572 (1994)

618 N.Y.S.2d 938

City of New York, Respondent, v. Valerie Wright et al., Appellants.

Supreme Court, Appellate Term, First Department.

August 10, 1994

Attorney(s) appearing for the Case

Neighborhood Defender Service of Harlem, New York City (Martha Rayner of counsel), for Valerie Wright, appellant. O. Peter Sherwood, Corporation Counsel of New York City (Stephen J. McGrath and A. Orli Spanier of counsel), for respondent.

PARNESS, J. P., and McCOOE, J., concur; GLEN, J., dissents in a separate memorandum.

Per Curiam.

Final judgment entered September 16, 1992 affirmed, with $25 costs.

In this illegal use eviction proceeding, the trial court found that tenant's apartment was being used for an illegal purpose (RPAPL 711 [5]) and awarded a possessory final judgment in favor of the landlord, the City of New York. Tenant had earlier pleaded guilty to attempted possession of a controlled substance in the third degree (a...

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