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KUREK v. LUSZCYK

2014-998 K C

51 Misc.3d 19 (2015)

28 N.Y.S.3d 550

2015 NY Slip Op 25408

EUGENE KUREK, Appellant, v. EUDOKEJA LUSZCYK, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 8, 2015.

Attorney(s) appearing for the Case

Eliezer B. Kraus , Brooklyn, for appellant.

Seymour W. James , The Legal Aid Society, Brooklyn ( Diana Vaynshenker of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this nonpayment summary proceeding, Eudokeja Luszcyk moved to dismiss the petition on the ground that petitioner lacked standing to commence the proceeding because Luszcyk has a life estate in the premises. Petitioner opposed the motion, arguing that a document entered into between the parties in May 1989 states that it "clarifies and explains `Life Estate' clause...

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