BUDHU v. CASTRO

570633/11.

34 Misc.3d 36 (2011)

937 N.Y.S.2d 526

2011 NY Slip Op 21429

BERTRAM R. BUDHU, Appellant, v. GREGORIO CASTRO, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided December 6, 2011.


Attorney(s) appearing for the Case

Jack L. Glasser, P.C., Jamaica ( Jack L. Glasser of counsel), for appellant. Rogers Wughalter Kaufman Corredine & Zinno, Bronx ( Eric Wughalter of counsel), for respondents.

SCHOENFELD, J.P., SHULMAN and HUNTER, JR., JJ., concur.


OPINION OF THE COURT

PER CURIAM.

Order, dated April 20, 2010, reversed, with $10 costs, tenant's dismissal motion denied and matter remanded for a new trial.

The trial court erred in granting tenant's motion to dismiss this nonprimary residence holdover proceeding at the close of landlord's evidence. Upon such a motion, tenant had the burden of showing that landlord failed to make out a prima facie case, and landlord was entitled to the benefit of...

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