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AVITABILE v. SILVESTRI

3 Misc.3d 393 (2004)

773 N.Y.S.2d 275

ANGELO AVITABILE, Petitioner, v. ANTHONY SILVESTRI, Respondent.

District Court of Suffolk County, Third District.

March 10, 2004.

Attorney(s) appearing for the Case

Caputi, Weintraub & Neary, Huntington (Brian P. Neary of counsel), for petitioner.

John Patrick Walsh, Huntington, for respondent.

OPINION OF THE COURT

C. STEPHEN HACKELING, J.

The above-captioned petitioner, Angelo Avitabile, moves this court via a RPAPL 731 holdover proceeding seeking to remove his nephew, Anthony Silvestri, from the real property premises located at 67 Railroad Street, Huntington Station, New York. Respondent has interposed a written answer with counterclaims alleging he has an oral lease for the subject premises for the life of his great uncle and that eviction...

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