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111 ON 11 REALTY v. NORTON

5 Misc.3d 28 (2004)

783 N.Y.S.2d 744

111 ON 11 REALTY CORP., Appellant, v. WILLIAM NORTON, Respondent, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 21, 2004.

Attorney(s) appearing for the Case

Jeffrey H. Roth, New York City, for appellant.

Silberman & Rhine, LLP, New York City (Arthur Rhine of counsel), for William Norton, respondent.

PESCE, P.J., PATTERSON and GOLIA, JJ.

OPINION OF THE COURT

Memorandum.

Appeal from order unanimously dismissed.

Final judgment unanimously reversed without costs, petition reinstated, and matter remanded to the court below for entry of a final judgment in favor of landlord after a hearing to determine the amount of use and occupancy owed.

No appeal as of right lies from an order which does not decide a motion made on notice (CCA 1702 [a] [2]). A motion on notice is made when...

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