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SUMMER v. SEVERANCE

2010-05203.

85 A.D.3d 1011 (2011)

925 N.Y.S.2d 627

2011 NY Slip Op 5484

MARK SUMMER, Appellant, v. MICHELLE SEVERANCE, Respondent.

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

Decided June 21, 2011.

Ordered that the order is reversed, on the law, with costs, and those branches of the defendant's motion which were pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint are denied.

The plaintiff tenant commenced this action against his landlord to recover damages, in effect, for wrongful eviction and conversion. The defendant moved, inter alia, pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, alleging...

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