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PLWJ REALTY v. GONZALEZ

187 Misc.2d 241 (2000)

721 N.Y.S.2d 458

PLWJ REALTY, INC., Respondent, v. AIDA GONZALEZ, Also Known as AIDA E. GONZALES, et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 24, 2000.

Attorney(s) appearing for the Case

José Luis Torres, New York City, for Aida Gonzalez and another, appellants.

Sperber & Denenberg, P. C., New York City (Jacqueline Handel-Harbour of counsel), for respondent.

PARNESS, P. J., and DAVIS, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment entered July 8, 1999 affirmed, with $25 costs.

Based upon the testimony of landlord's on-site employees and private investigator, credited by the Civil Court, the court could fairly find that the small studio apartment had been vacant for more than one year; that tenant was not residing there; and that tenant's adult son and immediate family subsequently...

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