REALTY CO. v. SULKOWSKA


21 Misc.3d 53 (2008)

111 REALTY CO., Appellant, v. STANISLAWA SULKOWSKA, Respondent.

Supreme Court, Appellate Term, First Department.

October 16, 2008.


Attorney(s) appearing for the Case

Graubard Miller, New York City (Peter A. Schwartz, Joseph H. Lessem and Adler Bernard of counsel), for appellant.

Cobb & Cobb, Newburgh (John Cobb of counsel), for respondents.

DAVIS, J.P, SCHOENFELD and HEITLER, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, entered August 20, 2007, affirmed, with $10 costs.

This holdover summary proceeding, based upon allegations of nonprimary residence, is not susceptible to summary disposition. While tenant readily acknowledges her ownership of two separate residential units in Florida, material issues of fact as to the situs of tenant's primary residence are raised by tenant...

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