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184 WEST 10TH STREET CORP. v. MARVITS

18 Misc.3d 46 (2007)

852 N.Y.S.2d 557

184 WEST 10TH STREET CORP., Respondent, v. SIIRI MARVITS, Appellant.

Supreme Court, Appellate Term, First Department.

November 20, 2007.

Attorney(s) appearing for the Case

Law Office of Steven DeCastro, New York City, for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, New York City (Paul N. Gruber of counsel), for respondent.

DAVIS, J., and McKEON, P.J., concur, McKEON, P.J., in a separate opinion; McCOOE, J.

OPINION OF THE COURT

Per Curiam.

Order dated April 13, 2006, reversed, with $10 costs, motion denied and verdict reinstated. The Clerk is directed to enter a final judgment in favor of tenant dismissing the petition.

This holdover summary proceeding, based upon allegations that the elderly rent-controlled tenant was harboring two cats in violation of the "no pet" rider to her 1964 lease agreement...

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