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MATTER OF BRUSCO v. BRAUN

84 N.Y.2d 674 (1994)

645 N.E.2d 724

621 N.Y.S.2d 291

In the Matter of Nicola S. Brusco, Respondent, v. Richard F. Braun, as Civil Court Judge, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, New York City (Barbara A. Mehlman, Jerry Boone and Sanford M. Cohen of counsel), for appellant.

Nicholas E. Brusco, respondent pro se.

MFY Legal Services, Inc., New York City (Stephen Myers and Andrew Goldberg of counsel), Legal Services for New York City (Andrew Scherer and David Robinson of counsel) and The Legal Aid Society (Scott A. Rosenberg and Barbara Q. Gray of counsel), for Metropolitan Council on Housing and others, amici curiae.

Horing & Welikson, P. C., Forest Hills, for Black & Latino Property Owners Coalition and another, amici curiae.

Kornstein Veisz & Wexler, New York City (Laura Gilbert of counsel), Paula Galowitz and Jonathan Lang for the Association of the Bar of the City of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and LEVINE concur with Judge SIMONS; Judge CIPARICK dissents and votes to reverse in a separate opinion.

SIMONS, J.

Petitioner Brusco is the owner of residential property in New York County. He commenced a summary proceeding against his tenant alleging that the tenant had defaulted in paying $3,626.04 rent due from December of 1991 through March of 1992 and seeking a judgment for the arrears, interest and attorney's fees, a judgment awarding possession of the premises to petitioner and the issuance of a warrant...

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