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FIRST HUDSON CAPITAL, LLC v. SEABORN

15 Misc.3d 40 (2007)

833 N.Y.S.2d 834

FIRST HUDSON CAPITAL, LLC, Respondent, v. RON SEABORN, Appellant.

Supreme Court, Appellate Term, First Department.

March 30, 2007.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Adrienne Holder and Jack Stoller of counsel), for appellant.

Sperber, Denenberg & Kahan, P.C., New York City (Jacqueline Handel-Harbour and Steven B. Sperber of counsel), for respondent.

McKEON, P.J., and SCHOENFELD, J., concur; McCOOE, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment entered June 20, 2005, affirmed, with $25 costs. Order, dated July 29, 2005, modified to deny landlord's cross motion and to remand the matter for such further proceedings as may be necessary to determine the amount of use and occupancy due landlord; as modified, order affirmed, without costs.

Civil Court, finding the landlord's evidence "overwhelming...

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