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PEACHY v. ROSENZWEIG

215 A.D.2d 301 (1995)

626 N.Y.S.2d 784

Naomi Peachy et al., Appellants, v. Arthur Rosenzweig et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1995

In this non-payment possessory proceeding, we find that the petitioner landlord has obtained the status of a "prevailing party" in the underlying litigation, based upon the fact that, after ten days of trial, during which the tenants interposed thirteen affirmative defenses, the landlord obtained judgment for nearly $62,000, including a possessory judgment, whereas, tenants were only successful on one affirmative defense for a breach...

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