CAPOLINO v. BUA


63 A.D.3d 1092 (2009)

882 N.Y.S.2d 285

LORETTA CAPOLINO, Appellant, v. MARIO BUA, Respondent.

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

Decided June 30, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was to stay all proceedings in the holdover proceeding entitled Bua v Capolino, pending in the Suffolk District Court, Fourth District, under docket No. SMLT 08-327, is granted.

The plaintiff Loretta Capolino is the tenant in the subject real property, located in Smithtown, in which she and her husband operate a restaurant. In...

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