160 W. 118TH ST. CORP. v. GARY

570927/10.

32 Misc.3d 1 (2011)

927 N.Y.S.2d 278

2011 NY Slip Op 21130

160 WEST 118TH STREET CORPORATION, Respondent, v. MARY GARY, Appellant.

Supreme Court, Appellate Term, First Department.

Decided April 15, 2011.


Attorney(s) appearing for the Case

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park ( Neil Sonnenfeldt of counsel), for appellant.

Legal Aid Society, New York City ( Edlyn L. Willer of counsel), for respondent.

LOWE, III, P.J., SHULAMN and HUNTER, Jr., JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, dated July 15, 2010, reversed, without costs, and landlord's motion denied.

The underlying nuisance holdover proceeding stems from a single violent altercation that took place within the subject rent-controlled apartment in November 2003, involving the then 74-year-old tenant and her adult son, who at that time resided in the apartment with the tenant. The proceeding...

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