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MAM PROPS. v. OMNIPOINT COMMUNICATIONS INC.

2008-1835 QC.

36 Misc.3d 75 (2010)

950 N.Y.S.2d 835

2010 NY Slip Op 20467

MAM PROPERTIES, LLC, Appellant, v. OMNIPOINT COMMUNICATIONS, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

November 19, 2010.

Attorney(s) appearing for the Case

Horing, Welikson & Rosen, P.C., Williston Park ( Richard T. Walsh of counsel), for appellant. Porzio, Bromberg & Newman, P.C., New York City ( Gary M. Fellner of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment entered March 27, 2008 is affirmed without costs; and it is further ordered that the judgment entered August 15, 2008 is reversed without costs and the award of attorney's fees to occupant Omnipoint Communications, Inc. is vacated.

Petitioner commenced this summary proceeding to recover possession of a rooftop premises on which Omnipoint Communications, Inc. (occupant) had erected a...

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