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TUSCAN REALTY CORP. v. O'NEILL

189 Misc.2d 349 (2001)

731 N.Y.S.2d 830

TUSCAN REALTY CORP., Appellant, v. RAYMOND O'NEILL, Respondent, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 20, 2001.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, L. L. P., New York City (Sherwin Belkin and Jay H. Berg of counsel), for appellant.

Karen Copland, New York City, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

In this holdover proceeding brought to recover possession of an apartment for an alleged breach of a lease caused by tenant's harboring of a pet, the court dismissed the petition with prejudice at the close of petitioner's case after its rulings prevented petitioner from establishing its prima facie case.

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