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FOURTH HOUS. INC. v. BOWERS

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53 Misc.3d 43 (2016)

FOURTH HOUSING COMPANY, INC., Appellant, v. MILFORD BOWERS et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided June 23, 2016.

Attorney(s) appearing for the Case

Sontag & Hyman, P.C., Roslyn Heights ( Marc Hyman of counsel), for appellant.

PESCE, P.J., and ALIOTTA, J., concur; WESTON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order dated August 27, 2014, insofar as appealed from, is affirmed, without costs, and, upon searching the record, summary judgment is awarded to tenants dismissing the petition; and it is further ordered that the appeal from the order dated December 22, 2014 is dismissed as academic in light of our determination of the appeal from the order dated August 27...

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