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JOSEPH v. TRUST

7 Misc.3d 75 (2005)

795 N.Y.S.2d 813

HAIM JOSEPH, Respondent, v. VARNA TRUST et al., Appellants.

Supreme Court, Appellate Term, First Department.

March 30, 2005.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City (John P. Sheridan of counsel), for appellants.

Benjamin H. Segal, New York City, for respondent.

SUAREZ, P.J., McCOOE and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment entered on or about December 4, 2002 reversed, without costs, and new trial ordered. Appeal from decision dated December 4, 2002 dismissed, without costs, as nonappealable (see Schicchi v Green Constr. Corp., 100 A.D.2d 509 [1984]).

This nonpayment summary proceeding, arising from the subtenants' occupancy of a luxury...

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