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FISHER AVE. REALTY v. HAUSCH

186 Misc.2d 609 (2000)

720 N.Y.S.2d 322

FISHER AVENUE REALTY PARTNERS, L.P., Respondent, v. VIVIAN HAUSCH, Appellant.

Supreme Court, Appellate Term, Second Department.

December 5, 2000.

Attorney(s) appearing for the Case

Vivian L. Hausch, Tuckahoe, appellant pro se.

Gregg S. Baker, White Plains, for respondent.

DiPAOLA, FLOYD and DOYLE, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal from order dismissed. Said order was subsumed in the final judgment.

Final judgment and order unanimously modified by striking the monetary award and providing that landlord is awarded use and occupancy in the sum of $1,175.29. As so modified, final judgment and order affirmed with $25 costs to landlord.

The Justice Court properly denied tenant's motion to dismiss inasmuch as there was no defect of...

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