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361 W. 121ST HOUS. v. FRAZIER

No. 570685/08.

26 Misc.3d 46 (2009)

2009 NY Slip Op 29482

894 N.Y.S.2d 315

361 WEST 121ST HOUSING DEV. FUND CORP., Respondent, v. LISA FRAZIER et al., Appellants.

Supreme Court, Appellate Term, First Department.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg, New York City, for appellants.

Andrea Shapiro, New York City, for respondent.

HEITLER and SHULMAN, JJ., concur; McKEON, P.J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order dated October 23, 2008, reversed, without costs, and tenants' motion granted to the extent of staying execution of the warrant.

After tendering the full amount ($9,384.09) of the maintenance arrears found to have been due landlord upon the trial of the underlying nonpayment summary proceeding, tenants entered into a so-ordered stipulation consenting to the reentry...

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