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HUDSON HOUSE v. GABRIEL

195 Misc.2d 453 (2002)

759 N.Y.S.2d 287

HUDSON HOUSE LLC, Appellant, v. FRED GABRIEL et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 29, 2002.

Attorney(s) appearing for the Case

Pearlman, Apat & Futterman, LLP, Kew Gardens (Curtis Harger of counsel), for appellant.

Legal Aid Society, Kew Gardens (April A. Newbauer and Oda Friedheim of counsel), for respondent.

ARONIN, J.P., and PATTERSON, J., concur; GOLIA, J., taking no part.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and matter remanded to the court below for a determination de novo following a traverse hearing.

After being evicted pursuant to a warrant issued in this nonpayment proceeding, tenants moved to be restored to possession, asserting the lack of service of the rent demand, the notice of petition and petition, and the marshal's eviction notice. Nevertheless, the court below terminated the...

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