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NUSSBAUM v. GILMARTIN

4 Misc.3d 80 (2004)

781 N.Y.S.2d 552

NUSSBAUM RESOURCES I LLC, Respondent, v. OLGA T. GILMARTIN, Appellant.

Supreme Court, Appellate Term, First Department.

June 17, 2004.

Attorney(s) appearing for the Case

Sandra M. Prowley, Bronx, for appellant.

Morton Kaner Novick & Kaner, P.C., New Rochelle (Morton Kaner of counsel), for respondent.

SUAREZ, P.J., and GANGEL-JACOB, J., concur; McCOOE, J., concurs in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order and final judgment dated February 21, 2003 reversed, with $30 costs, and final judgment of possession granted in favor of tenant dismissing the holdover petition.

The stabilized tenant's last renewal lease expired September 30, 2000, and landlord commenced nonprimary residence proceedings. In response to a complaint by the tenant, the Division of Housing and Community Renewal (DHCR) directed on February 9, 2001...

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