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STEPPING STONES v. SEYMOUR

184 Misc.2d 990 (2000)

712 N.Y.S.2d 266

STEPPING STONES ASSOCIATES, Respondent, v. JOSEPH SEYMOUR, Appellant.

Supreme Court, Appellate Term, Second Department.

May 26, 2000.

Attorney(s) appearing for the Case

Greenspan & Greenspan, White Plains (Michael E. Greenspan of counsel), for appellant.

Finger & Finger, White Plains (Carl L. Finger of counsel), for respondent.

DiPAOLA, P. J., FLOYD and PALELLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs and matter remanded to the court below for further proceedings.

The City Court erred in denying tenant a trial and in entering judgment against him based upon his default in making a court-ordered deposit (RPAPL 745 [1]; Lipkis v Gilmour, 158 Misc.2d 609; Eversman v Collodo...

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