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TRIBOROUGH v. WIMPFHEIMER

165 Misc.2d 584 (1995)

633 N.Y.S.2d 695

Triborough Bridge and Tunnel Authority, Appellant, v. Henry Wimpfheimer et al., Respondents.

Supreme Court, Appellate Term, First Department.

August 16, 1995

Attorney(s) appearing for the Case

Sieratzki & Ceccarelli, New York City (Steven S. Sieratzki, Joseph J. Ceccarelli and Karen S. Jore of counsel), for appellant. Wimpfheimer & Wimpfheimer, New York City (Michael C. Wimpfheimer, Henry Wimpfheimer and Mitchell Merlis of counsel), for respondents.

PARNESS, J. P., and MILLER, J., concur.

Per Curiam.

Order dated November 28, 1994 modified by reversing so much thereof as granted summary judgment dismissing the petition against tenants; the petition is reinstated; the sixth affirmative defense is stricken; and the matter is remanded to the Civil Court for further proceedings consistent with this decision.

In this commercial holdover proceeding, Civil Court granted summary judgment dismissing the petition...

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