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BROOKLYN PROPS. v. SHADE

4 Misc.3d 29 (2004)

780 N.Y.S.2d 467

BROOKLYN PROPERTIES, Respondent, v. MARIE SHADE, Appellant.

Supreme Court, Appellate Term, Second Department.

May 4, 2004.

Attorney(s) appearing for the Case

Byers & Byers, New York City (Eugene Byers of counsel), for appellant.

Ginsberg, Saltiel & Greene L.L.P., Brooklyn (Ira Greene of counsel), for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

Memorandum.

Appeal from the order dated November 7, 2002 unanimously dismissed as superseded.

Order dated November 12, 2002 (M. Pinckney, J.) insofar as appealed from unanimously modified by vacating the provision which in effect denied tenant's application to vacate the default final judgment and to be restored to possession on the ground of excusable default and the alleged meritorious defenses of laches and breach of the warranty...

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