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CLEARVIEW APARTMENT ASSOCIATES, LP v. OCASIO

17 Misc.3d 23 (2007)

844 N.Y.S.2d 558

CLEARVIEW APARTMENT ASSOCIATES, LP, Appellant, v. GUMERSINO JR. OCASIO et al., Respondents.

Supreme Court, Appellate Term, Second Department.

August 20, 2007.

Attorney(s) appearing for the Case

Gerald M. Pigott, New York City, for appellant.

Legal Aid Society, Kew Gardens (Susan E. Gibson-O'Gara of counsel), for Gumersino Jr.

Ocasio, respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In this summary proceeding brought pursuant to RPAPL 713 (11), landlord claims that respondents are in possession solely as an incident of respondent Gumersino Jr. Ocasio's employment as superintendent and that his employment was terminated. All of the named respondents other than "John Doe" and "Jane Doe" answered...

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