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SKYVIEW LLC v. CUNNINGHAM

13 Misc.3d 102 (2006)

827 N.Y.S.2d 399

SKYVIEW HOLDINGS, LLC, Appellant, v. EDITH CUNNINGHAM, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 16, 2006.

Attorney(s) appearing for the Case

Mitofsky, Shapiro, Neville & Hazen, LLP, New York City (Gerald Shapiro of counsel), for appellant.

Santo Golino, New York City, for Edith Cunningham and others, respondents.

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

OPINION OF THE COURT

Per Curiam.

Order, dated June 20, 2005, reversed, without costs, petition reinstated, summary judgment of possession awarded to landlord on its nonprimary residence claim against tenant Cunningham, and matter remanded for further proceedings on the succession defense interposed by respondent Rowell.

The underlying notice of nonrenewal—sufficiently setting forth the facts...

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