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LENOX RD. REALTY v. SPENCER

184 Misc.2d 628 (2000)

710 N.Y.S.2d 514

LENOX ROAD UTICA AVENUE REALTY, Appellant, v. JOHN SPENCER, Respondent, et al., Respondent.

Supreme Court, Appellate Term, Second Department.

April 20, 2000.

Attorney(s) appearing for the Case

Slochowsky & Slochowsky, Brooklyn (William Slochowsky of counsel), for appellant.

Legal Services for New York City, Brooklyn (Steven M. Bernstein and Fraidy Nachman of counsel), for John Spencer, respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and motion by tenant respondent denied.

In this nonpayment proceeding, tenant respondent "John" Spencer (hereinafter tenant) moved to vacate a default final judgment and to be restored to possession on the ground that service was improper. His motion was denied, and tenant did not appeal from that denial. Instead, he brought on a second order to show cause, this one pursuant...

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