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TRAVIS v. 29-33 CONVENT AVENUE HDFC

19 Misc.3d 749 (2008)

859 N.Y.S.2d 336

DAVEDA TRAVIS, Petitioner, v. 29-33 CONVENT AVENUE HDFC, Respondent.

Supreme Court, New York County.

January 31, 2008.

Attorney(s) appearing for the Case

Edward Joseph Filemyr, IV, New York City, for respondent.

Curtis, Mallet-Prevost, Colt & Mosle, LLP, New York City (Myles K. Bartley of counsel), for petitioner.

OPINION OF THE COURT

ALICE SCHLESINGER, J.

This case presents the novel issue whether a landlord can enforce a money judgment for attorney's fees obtained in a Housing Part nonpayment proceeding by utilizing the Lien Law to sell the shares allocable to the shareholder-tenant's apartment, and thereby establishing a basis for terminating the tenant's lease and evicting her, when possession could not be obtained...

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