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GEROLEMOU v. SOLIZ

184 Misc.2d 579 (2000)

710 N.Y.S.2d 513

CHRISTALLA GEROLEMOU, Respondent, v. VICTOR SOLIZ, Appellant.

Supreme Court, Appellate Term, Second Department.

April 19, 2000.

Attorney(s) appearing for the Case

Legal Services for the Elderly in Queens, Rego Park (Donna Dougherty, Rebekah Diller and Kim Breger of counsel), for appellant.

Pearlman, Apat & Futterman, L. L. P., Kew Gardens (Sharon E. Cook of counsel), for respondent.

KASSOFF, P. J., SCHOLNICK and CHETTA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed with $10 costs and complaint dismissed.

In this ejectment action, the complaint alleges, and the answer admits, that defendant entered into possession pursuant to an oral month-to-month tenancy. There was nothing in the papers submitted on plaintiff's motion for summary judgment which would indicate that the tenancy was other than month to...

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