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184 WEST 10TH CORP. v. WESTCOTT

20 Misc.3d 24 (2008)

862 N.Y.S.2d 693

184 WEST 10TH CORP., Appellant, v. NANCY WESTCOTT, Also Known as NANCY WESTCOTT POCOCK, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 23, 2008.

Attorney(s) appearing for the Case

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

Klein & Solomon, LLP, New York City (Jay B. Solomon of counsel), for respondents.

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

OPINION OF THE COURT

Per Curiam.

Order, entered December 12, 2007, reversed, without costs, tenant's motion to dismiss is denied, and landlord's cross motion to restore the proceeding to the trial calendar is granted.

The allegations of illegal subletting and improper business use underlying the landlord's 2001 holdover petition have been hotly contested. On a prior appeal, this court reversed an...

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