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WINDY ACRES FARM v. PENEPENT

2011-2911 DC.

40 Misc.3d 63 (2013)

971 N.Y.S.2d 652

2013 NY Slip Op 23118

WINDY ACRES FARM, INC., Respondent, v. GEORGETTA PENEPENT, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 9, 2013.

Attorney(s) appearing for the Case

Georgetta Penepent, appellant pro se. Marvin & Marvin, PLLC, Pawling ( Robert J. Marvin of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Justice Court for the entry of a final judgment dismissing the petition.

Landlord commenced this residential holdover proceeding after terminating tenant's lease pursuant to a provision therein which purports to allow landlord to terminate the lease based upon a default in rent. Tenant's defense at trial was that landlord...

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