MUZIO v. ROGERS

2007-549 NC.

2008 NY Slip Op 51763 (U)

JOHN MUZIO and THERESA MUZIO, Appellants, v. JOSEPH ROGERS and IRENE ROGERS, Respondents.

Appellate Term of the Supreme Court of New York, Second Department.

Decided August 19, 2008.


Final judgment affirmed without costs.

Petitioners commenced this nonpayment summary proceeding in June 2005, claiming to be the owners of the premises in question. After a nonjury trial, the court below found that petitioners had been divested of title to the property in question as of May 5, 2004. Accordingly, the court dismissed the petition. We affirm.

Contrary to petitioners' argument, it was not error for the court below to consider tenants' defense...

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