The IAS Court properly denied plaintiff tenant's motion and defendant landlords' cross motion for summary judgment with respect to plaintiff's causes for wrongful eviction pursuant to RPAPL 853, since there were issues of fact as to whether plaintiff's eviction had been lawful. The eviction notice, entered on plaintiff's default in the underlying summary holdover proceeding, was vacated by Appellate Term, not upon the merits, but upon a determination that plaintiff should...
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