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ENNISMORE APTS. v. GRUET

570720/09

29 Misc.3d 48 (2010)

909 N.Y.S.2d 861

ENNISMORE APARTMENTS, INC., Appellant, v. ALLAN GRUET, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided September 17, 2010.

Attorney(s) appearing for the Case

Thomas S. Fleishell & Associates, New York City, for appellant.

Penn, Proefriedt Schwarzfeld, New York City, for Allan Gruet, respondent.

McKEON, P.J., SHULMAN and HUNTER, Jr., JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about April 18, 2008, reversed, with $30 costs, final judgment of possession awarded to petitioner, and matter remanded for determination of petitioner's claim for use and occupancy. Execution of the warrant of eviction shall be stayed for 30 days after service of a copy of this order with notice of entry.

We agree with petitioner-appellant...

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