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SHERWOOD COMPLEX v. VOUZAN

4 Misc.3d 73 (2004)

781 N.Y.S.2d 560

SHERWOOD COMPLEX LLC, as Successor in Interest to CENTRAL QUEENS PROPERTIES ASSOCIATES, Appellant, v. JOCELYN VOUZAN, Respondent.

Supreme Court, Appellate Term, Second Department.

May 26, 2004.

Attorney(s) appearing for the Case

Creditor & Digrugilliers, LLP, Forest Hills (Renee Digrugilliers of counsel), for appellant.

Alan J. Goldberg, Forest Hills, for respondent.

GOLIA and RIOS, JJ., concur; PESCE, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from reversed without costs, landlord's motion for summary judgment granted and tenant's cross motion for summary judgment denied.

In this holdover summary proceeding, the court below erred in holding that two satellite dishes installed by mounting the dishes upon boards projecting from tenant's windows were within the protection of Telecommunications Act of 1996 § 207 (Pub L 104-104...

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