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PARK PROPS. ASSOC. v. WILLIAMS

2011-3176 W C.

38 Misc.3d 35 (2012)

959 N.Y.S.2d 798

2012 NY Slip Op 22347

PARK PROPERTIES ASSOCIATES, L.P., Respondent, v. ANDREW WILLIAMS, Appellant.

Supreme Court, Appellate Term, Second Department.

November 26, 2012.

Attorney(s) appearing for the Case

Barbara Finkelstein , Legal Services of the Hudson Valley, Yonkers ( Jeanne Schoenfelder of counsel), for appellant. Eric A. Sauter , Armonk, for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and tenant's motion, in effect, to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted.

In this holdover proceeding commenced in October 2010 based upon a clutter condition in the subject apartment, the petition, which alleges that the apartment is decontrolled, fails to allege that the apartment is in a building that receives...

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