Peters, J.
James Tate owned property located in the Town of Colonie, Albany County. Upon his default of a second mortgage, the bank foreclosed and plaintiff purchased the property at a foreclosure sale. Tate, who continued to remain on the property, was given the option to either pay rent or vacate. When he failed to exercise either option, plaintiff commenced an eviction proceeding. Prior to Tate vacating as a result of such proceeding, it is alleged that he took...
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