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MAMARONECK v. RIGGSBEE

189 Misc.2d 439 (2001)

733 N.Y.S.2d 324

CHESTER MAMARONECK GARDENS, L. L. C., Respondent, v. JOSEPHINE RIGGSBEE, Appellant.

Supreme Court, Appellate Term, Second Department.

July 6, 2001.

Attorney(s) appearing for the Case

Phillip A. Grimaldi, Jr., Harrison, for appellant.

James Speiser, Yonkers, for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order dated May 1, 2000 unanimously modified by providing that the branch of tenant's motion seeking to vacate the final judgment is granted and the petition is dismissed, and that the branch of tenant's motion seeking to be restored to possession is denied without prejudice to renewal after joinder of the new tenant in possession; as so modified, affirmed with $10 costs to tenant.

Appeal from final judgment unanimously...

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