THELMA REALTY CO. v. HARVEY


190 Misc.2d 303 (2001)

737 N.Y.S.2d 500

THELMA REALTY CO., Appellant-Respondent, v. NANCY HARVEY, Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

November 21, 2001.


Attorney(s) appearing for the Case

Tenenbaum Dunbar Saltiel & Berger L. L. P., Brooklyn (David M. Berger and Diana Morgan of counsel), for appellant-respondent.

Brooklyn Legal Services Corp. B (John C. Gray and Elisabeth Fiekowsky of counsel), for respondent-appellant.

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


OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by striking the provision thereof which marked the proceeding off the calendar, by providing that tenant's motion for summary judgment dismissing the petition is granted and tenant's proposed answer is deemed filed, and by remanding the matter for further proceedings with respect to the counterclaims; as so modified, affirmed without costs.

The primary issue on this appeal is whether an...

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