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FEDERAL HOME LOAN v. PEREZ

2012-1270 WC.

40 Misc.3d 1 (2013)

968 N.Y.S.2d 317

2013 NY Slip Op 23114

FEDERAL HOME LOAN MORTGAGE ASSOCIATION, Respondent, v. CARLOS PEREZ, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 4, 2013.

Attorney(s) appearing for the Case

Clair & Gjertsen, Scarsdale ( Ira S. Clair of counsel), for appellant. Stein, Wiener & Roth, LLP, Carle Place ( Robert Sambursky of counsel), for respondent.

IANNACCI, J.P., MARANO and TOLBERT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and tenant's motion to dismiss the petition is granted.

In this summary proceeding to recover possession of a co-op apartment, the petition alleges that petitioner is the assignee of the successful bidder at a UCC article 9 nonjudicial sale of the shares and proprietary lease appurtenant to tenant's co-op apartment...

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