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PAGANO v. COHEN

190 Misc.2d 308 (2001)

737 N.Y.S.2d 769

ANTHONY PAGANO, Respondent, v. WAYNE COHEN, Appellant, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 23, 2001.

Attorney(s) appearing for the Case

Philip E. Orner, Flushing, for appellant.

Scott D. Gross, Lake Success, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously affirmed with $10 costs.

In this nonprimary residence holdover proceeding, the Housing Court correctly concluded that the pendency of a prior illegal sublet proceeding did not bar the maintenance of this proceeding. The doctrine of prior proceeding pending applies when the two proceedings are based on the same actionable...

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