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EASTRICH NO. 80 CORP. v. PBA

180 Misc.2d 98 (1999)

688 N.Y.S.2d 409

Eastrich No. 80 Corporation et al., Respondents, v. Patrolmen's Benevolent Association of the New York City Transit Police Department, Appellant.

Supreme Court, Appellate Term, First Department.

March 15, 1999

Attorney(s) appearing for the Case

Elliot M. Rudick, New York City, for appellant. Daley & Associates, P. C., New York City (M. Teresa Daley of counsel), for respondents.

PARNESS, P. J., and FREEDMAN, J., concur; DAVIS, J., dissents in a separate memorandum.

Per Curiam.

Order dated October 17, 1996 reversed, with $10 costs, and defendant's motion is granted to the extent of remanding the matter to the Civil Court for entry of an order transferring the action to Supreme Court, New York County.

Plaintiff originally commenced a nonpayment summary proceeding in July 1995 against defendant labor organization. Defendant surrendered possession shortly thereafter, and an order...

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