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1997 MARCY AVENUE, INC. v. CLINKSCALE

16 Misc.3d 78 (2007)

842 N.Y.S.2d 147

1997 MARCY AVENUE, INC., Appellant, v. BESSIE CLINKSCALE, Respondent.

Supreme Court, Appellate Term, Second Department.

June 28, 2007.

Attorney(s) appearing for the Case

Mays & Associates, Jamaica (Michael P. Mays of counsel), for appellant.

Fishman & Neil, LLP, New York City (Steven A. Neil of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

After granting a motion by landlord to withdraw its holdover proceeding, commenced in 2005, and deeming the withdrawal with prejudice, the Civil Court permitted tenant to proceed with her counterclaim for attorney's fees, pursuant to Real Property Law § 234. At trial, the court admitted into evidence, over landlord's objection...

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