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68-74 THOMPSON REALTY, LLC v. McNALLY

20 Misc.3d 14 (2008)

862 N.Y.S.2d 692

68-74 THOMPSON REALTY, LLC, Respondent, v. KEITH McNALLY, Respondent, and HARRY McNALLY, Appellant.

Supreme Court, Appellate Term, First Department.

May 12, 2008.

Attorney(s) appearing for the Case

David A. Kaminsky & Associates, P.C., New York City (David A. Kaminsky of counsel), for appellant.

McGovern & Associates, New York City (Kyu O. Kim of counsel), for respondent.

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

OPINION OF THE COURT

Per Curiam.

Final judgment, entered December 1, 2005, reversed, with $30 costs, and final judgment awarded to respondent Harry McNally dismissing the holdover petition.

The evidence presented at the trial of this holdover summary proceeding showed, and the trial court expressly found, that respondent Harry McNally, the son of the now departed stabilized tenant, "spent at least...

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