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MATTER OF 315 BERRY STREET CORPORATION v. HUANG

2008-07692.

74 A.D.3d 979 (2010)

901 N.Y.S.2d 862

In the Matter of 315 BERRY STREET CORPORATION, Appellant, v. JAMES HUANG et al., Respondents. (Proceeding No. 1.) In the Matter of 315 BERRY STREET CORPORATION, Appellant, v. SCOTT ZOLTON et al., Respondents. (Proceeding No. 2.) In the Matter of 315 BERRY STREET CORPORATION, Appellant, v. DANIEL ROSENBAUM et al., Respondents. (Proceeding No. 3.)

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

Decided June 8, 2010.

Ordered that the order dated April 7, 2008, is affirmed, with costs.

The Appellate Term properly reversed the judgments of possession issued by the Civil Court of the City of New York, Kings County, granted the tenants' motion for summary judgment dismissing the petitions, and denied the petitioner/owner's cross motion for summary judgment. The tenants' submissions and the evidence at the framed-issue hearing established that "the owner acquiesced in the unlawful...

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