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NYC DHPD v. W 129TH ST REALTY

9 Misc.3d 61 (2005)

802 N.Y.S.2d 826

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Appellant, v. WEST 129TH STREET REALTY CORP., Respondent, and STEVEN GREEN, Respondent.

Supreme Court, Appellate Term, First Department.

August 5, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Kristin M. Helmers and Ralph Janzen of counsel), for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Paul N. Gruber of counsel), for Steven Green, respondent.

DAVIS and SCHOENFELD, JJ., concur; SUAREZ, P.J., concurs in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order dated April 2, 2004 reversed, with $10 costs, motion denied and default judgment reinstated.

For reasons stated in Department of Hous. Preserv. & Dev. of City of N.Y. v 532-536 W. 143rd St. Realty Corp. (8 Misc.3d 136[A], 2005 NY Slip Op 51246[U] [2005]), we find no basis to vacate the April 2000 default judgment issued against respondent Green in this...

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