CROSBY v. HUCKO


189 Misc.2d 641 (2001)

735 N.Y.S.2d 348

PIERRE CROSBY et al., Respondents, v. GRACE HUCKO, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 17, 2001.


Attorney(s) appearing for the Case

Bruce Levinson, New York City, for appellant.

Belkin Burden Wenig & Goldman, L. L. P., New York City (Joseph Burden and Jay H. Berg of counsel), for Pierre Crosby and another, respondents.

PARNESS, P. J., DAVIS and GANGEL-JACOB, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order dated July 12, 2000 affirmed, with $10 costs.

Order dated December 4, 2000 reversed, without costs, and tenant's motion to vacate the default judgment is granted.

Civil Court correctly ruled that the prohibition of General Business Law § 352-eeee (2) (c) (ii) against owner occupancy proceedings by cooperative owners against nonpurchasing tenants is not available to appellant, in light of the foreclosure...

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