OCEAN NECK APTS. CO., LLC v. WEISSMAN


14 Misc.3d 21 (2006)

829 N.Y.S.2d 407

OCEAN NECK APTS. CO., LLC, Appellant, v. MARC WEISSMAN, Respondent.

Supreme Court, Appellate Term, Second Department.

December 8, 2006.


Attorney(s) appearing for the Case

Rose & Rose, New York City (David P. Haberman of counsel), for appellant.

WESTON PATTERSON, J.P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Final judgment reversed without costs, and matter remanded for a determination of the amount of rent and/or use and occupancy to be awarded to landlord and for entry of a final judgment in favor of landlord.

In this nuisance holdover proceeding, housing court dismissed the proceeding after trial. The court ruled that four occasions of flooding within seven weeks from tenant's rent-stabilized apartment into the apartment...

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