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W. WAVERLY EQUITIES v. LIEFF

190 Misc.2d 280 (2001)

737 N.Y.S.2d 762

WEST WAVERLY EQUITIES GROUP, Appellant, v. JUDITH LIEFF, Respondent.

Supreme Court, Appellate Term, First Department.

November 14, 2001.

Attorney(s) appearing for the Case

Calabro, Fleishell & Lubov, P. C., New York City (Cathy O'Donnell of counsel), for appellant.

Fischman & Fischman, New York City (Doreen J. Fischman of counsel), for respondent.

PARNESS, P. J., GANGEL-JACOB and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered on or about December 15, 2000 modified by denying tenant's motion, reinstating the petition, and remanding the matter to Civil Court for further proceedings consistent with this decision; as modified, order affirmed, with $10 costs to petitioner-appellant.

Tenant's CPLR 3211 motion to dismiss the nonprimary residence holdover petition should have been denied...

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