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BHAM v. WILSON

10 Misc.3d 72 (2005)

809 N.Y.S.2d 776

SEHAR BHAM, Respondent, v. DEREK WILSON et al., Appellants.

Supreme Court, Appellate Term, Second Department.

November 4, 2005.

Attorney(s) appearing for the Case

Nassau/Suffolk Law Services Committee, Inc., Islandia (Victor J. Ambrose of counsel), for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed without costs and petition dismissed without prejudice to landlord commencing a plenary action.

In this nonpayment proceeding, the petition alleges the existence of an agreement to pay rent as well as a personal demand upon tenants for payment thereof. Whether said demand was in writing or oral is not indicated in the petition...

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