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HAMMEL v. RODRIGUES

19 Misc.3d 37 (2008)

856 N.Y.S.2d 441

MARIE HAMMEL, as Executrix of ERMELINDA RODRIGUES, Deceased, Appellant, v. JOSE RODRIGUES, SR., et al., Respondents.

Supreme Court, Appellate Term, Second Department.

March 10, 2008.

Attorney(s) appearing for the Case

Philip A. Grimaldi, Jr., White Plains, for appellant.

Schuman, Sall & Geist, White Plains (Russ F. Jellinek of counsel), for respondents.

McCABE, J.P., TANENBAUM and MOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment reversed without costs, petition reinstated, and matter remanded to the court below for entry of a final judgment awarding landlord possession and use and occupancy, the amount of which is to be determined after a hearing in accordance with the following memorandum.

In this commercial holdover proceeding, landlord alleges that tenants are in possession...

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