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GEISER v. MARAN

189 Misc.2d 442 (2001)

732 N.Y.S.2d 825

HERMAN J. GEISER, as Executor of NATHANIEL RATNER, Deceased, Respondent, v. ANDREW MARAN, Appellant.

Supreme Court, Appellate Term, Second Department.

July 6, 2001.

Attorney(s) appearing for the Case

Andrew Maran, appellant pro se.

Howard M. File, P. C., Staten Island, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

In moving to vacate the default final judgment, tenant alleged, as a meritorious defense, that he is protected from eviction by the Martin Act (General Business Law § 352-eeee). He predicates his claim on the decisions in Paikoff v Harris (178 Misc.2d 366, mod 185 Misc.2d 372

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