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PORT CHESTER HOUS. v. MOBLEY

6 Misc.3d 32 (2004)

789 N.Y.S.2d 798

PORT CHESTER HOUSING AUTHORITY, Respondent, v. MICHAEL MOBLEY, Appellant.

Supreme Court, Appellate Term, Second Department.

October 28, 2004.

Attorney(s) appearing for the Case

Westchester/Putnam Legal Services, White Plains (Barbara Finkelstein, Judith B. Studebaker and Mihaela Petrescu of counsel), for appellant.

Mark J. Kamensky, Port Chester, for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by reducing the amount awarded to petitioner to the sum of $4,522.10; as so modified, affirmed without costs.

Petitioner commenced this summary proceeding seeking possession of the subject "handicapped" apartment based on tenant's nonpayment of rent. Tenant, a quadriplegic, alleged that he was entitled to a rent adjustment based on a change of circumstances as of March 1, 2000,...

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