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TRADITO v. 815 YONKERS AVENUE

2009-787 WC.

30 Misc.3d 3 (2010)

MARIA TRADITO et al., Respondents, v. THE 815 YONKERS AVENUE SERIES TDS LEASING, LLC, et al., Appellants. THE 815 YONKERS AVENUE SERIES TDS LEASING, LLC, et al., Appellants, v. MIAMI SUBS OF NEW YORK, LLC, et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided November 19, 2010.

Attorney(s) appearing for the Case

Daniel Lawrence Pagano , Yorktown Heights, for appellants.

NICOLAI, P.J., LACAVA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, without costs, and the branches of tenants' motions seeking to vacate the default final judgment, to dismiss the petition, and to be restored to possession are granted.

Landlords commenced this commercial nonpayment proceeding to recover possession and $2,800 in alleged arrears in taxes, plus late fees of $400. They obtained a default final judgment on...

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