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BABYLON VIL. v. MITCHELL

11 Misc.3d 84 (2006)

816 N.Y.S.2d 279

BABYLON VILLAGE EQUITIES, Respondent, v. STEVEN MITCHELL, Appellant.

Supreme Court, Appellate Term, Second Department.

March 7, 2006.

Attorney(s) appearing for the Case

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

Warren M. Berger, Central Islip, for respondent.

RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment modified by striking the award to landlord of possession and the sum of $513.26, and by providing that the petition is dismissed; as so modified, affirmed without costs.

In the present nonpayment proceeding, landlord sought, along with possession and a money judgment for rent arrears, an award of late and legal fees. During the course of the trial, tenant...

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