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LAFRANCE LEASING v. SHEPHERD

193 Misc.2d 665 (2002)

752 N.Y.S.2d 781

LAFRANCE LEASING L.P., Appellant, v. NANCY D. SHEPHERD, Respondent.

Supreme Court, Appellate Term, Second Department.

July 18, 2002.

Attorney(s) appearing for the Case

Pennisi, Daniels & Norelli, L.L.P., Rego Park (Denise M. May of counsel), for appellant.

No appearance for respondent.

ARONIN, J.P., and GOLIA, J., concur; PATTERSON, J., dissents, in part, in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order modified by providing that the branch of landlord's motion which sought restoration of the proceeding to the trial calendar is granted and the branch of the motion which sought to amend the petition to include all unpaid rent which accrued prior to restoration is denied without prejudice to renewal in the court below; as so modified, affirmed without costs.

Contrary to the opinion of the court below, the stipulation...

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