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WORRELL v. LOPEZ

309 A.D.2d 928 (2003)

766 N.Y.S.2d 104

ELSWORTH WORRELL, Respondent, v. JUAN P. LOPEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 27, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the cross motion is granted, and the plaintiff is directed to remove his equipment from the premises within 30 days after service upon him of a copy of this decision and order.

The Supreme Court erred in granting preliminary injunctive relief to the plaintiff tenant which was not requested in his motion (see Cellular...

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