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STAHL BROADWAY CO. v. HASKINS

180 Misc.2d 705 (1999)

693 N.Y.S.2d 398

Stahl Broadway Co., Appellant, v. Hattie Haskins, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 11, 1999

Attorney(s) appearing for the Case

Hutton Ingram Yuzek Gainen Carroll & Bertolotti, L. L. P., New York City (Marc J. Schneider of counsel), for appellant. Salzman & Jaffe, New York City (Ira Salzman of counsel), for Hattie Haskins, respondent.

PARNESS, P. J., McCOOE and FREEDMAN, JJ., concur.

Per Curiam.

Order entered April 28, 1998 affirmed, with $10 costs.

In this nonpayment proceeding commenced in July 1997, it is not disputed that the arrears sought for the period March 1994 through December 1996 were discharged in bankruptcy by order of the Bankruptcy Court dated April 7, 1997. Landlord purports to seek "a possessory judgment and warrant of eviction only". We agree that the proceeding cannot be...

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