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TOA CONSTR. CO. INC. v. TSITSIRES

14 Misc.3d 65 (2006)

830 N.Y.S.2d 16

TOA CONSTRUCTION CO., INC., Respondent, v. MICHAEL TSITSIRES, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

December 20, 2006.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Trisha L. Lawson of counsel), for appellant.

Steven S. Sieratzki, New York City, for TOA Construction Co., Inc., respondent.

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

OPINION OF THE COURT

Per Curiam.

Final judgment, entered July 7, 2005, reversed, with $30 costs, and final judgment awarded to tenant dismissing the petition.

This holdover summary proceeding seeks possession of tenant's stabilized apartment—a single-room occupancy unit located at 400 West 57th Street, Manhattan—on the ground of nonprimary residence. While acknowledging, as it must,...

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