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VIGLIETTA v. LAVOIE

2010-1103 SC.

33 Misc.3d 36 (2011)

932 N.Y.S.2d 307

2011 NY Slip Op 21342

FREDERICK VIGLIETTA, Appellant, v. ALAIN LAVOIE et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided September 21, 2011.

Attorney(s) appearing for the Case

DeJesu Maio & DeJesu, Huntington ( Joseph C. DeJesu of counsel), for appellant.

Law Offices of Michaelangelo Matera, Melville ( Michaelangelo Matera of counsel), for respondents.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

Petitioner commenced this summary proceeding pursuant to RPAPL 713 (10) against his daughter and son-in-law, seeking to be restored to possession of the home he had previously resided in with them. In addition, he sought treble damages pursuant to RPAPL 853. Respondents moved to dismiss the petition, and the District Court granted their motion.

RPAPL 713 ...

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