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60 WEST 57 REALTY, INC. v. DURANTE

17 Misc.3d 71 (2007)

847 N.Y.S.2d 321

60 WEST 57 REALTY, INC., Respondent, v. LORETTA A. DURANTE, Appellant.

Supreme Court, Appellate Term, First Department.

October 23, 2007.

Attorney(s) appearing for the Case

Lambert & Shackman, PLLC, New York City (Thomas C. Lambert of counsel), for appellant.

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

McKEON, P.J., DAVIS and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about February 21, 2006, reversed, with $30 costs, and final judgment awarded in favor of tenant dismissing the holdover petition. The clerk is directed to enter judgment accordingly.

This nonprimary residence holdover proceeding, commenced in March 2003, is founded upon allegations that tenant made only sporadic use of the subject West...

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