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ROCKAWAY ONE CO. v. WIGGINS

9 Misc.3d 12 (2004)

801 N.Y.S.2d 471

ROCKAWAY ONE COMPANY, LLC, Appellant, v. DEBORAH WIGGINS, Respondent.

Supreme Court, Appellate Term, Second Department.

March 4, 2004.

Attorney(s) appearing for the Case

Hal D. Weiner, New Rochelle, for appellant.

Barbara A. Cass, New York City, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously modified by increasing the amount of the monetary award to $726.14 and by vacating the oral order and providing that landlord's motion to sever and dismiss tenant's counterclaim challenging the individual apartment improvement increase is granted without prejudice to tenant's assertion of the claim before the Division of Housing and Community Renewal...

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