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41ST AVE. v. CHOICES MED. CTR.

188 Misc.2d 274 (2001)

728 N.Y.S.2d 859

41ST AVENUE REALTY ASSOCIATES L. L. C., Respondent, v. CHOICES WOMEN'S MEDICAL CENTER, INC., Appellant.

Supreme Court, Appellate Term, Second Department.

March 2, 2001.

Attorney(s) appearing for the Case

Davidoff & Malito L. L. P., New York City (Sid Davidoff, Andrew L. Morrison and Ilyse S. Dolgenas of counsel), for appellant.

Manton, Sweeney, Gallo, Reich & Bolz, L. L. P., and Coffinas, Coffinas & Tzanides, L. L. P., New York City (Kirk P. Tzanides and George G. Coffinas of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed with $10 costs and motion to vacate warrant of eviction granted.

In this commercial nonpayment proceeding, the underlying dispute revolved around who was responsible for payment of fire guard services. A stipulation of settlement was entered into in November 1999, and so ordered by the court, which provided for the entry of a final judgment of possession, the issuance of a warrant, and a...

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