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MARINA TOWER ASSOC., L.P. v. 325 SOUTHEND CORP.

570979/12.

40 Misc.3d 51 (2013)

971 N.Y.S.2d 384

2013 NY Slip Op 23161

MARINA TOWER ASSOCIATES, L.P. as Successor in Interest to MARINA TOWERS ASSOCIATES by MARINA BATTERY PARK, INC., Appellant, v. 325 SOUTHEND CORP., Respondent.

Supreme Court, Appellate Term, First Department.

Decided May 14, 2013.

Attorney(s) appearing for the Case

Daniels, Norelli, Scully & Cecere, PC., Rego Park ( George H. Norelli of counsel), for appellant. Ira B. Pollack & Associates, PLLC ( Ira B. Pollack of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about May 29, 2012, reversed, with $30 costs, and final judgment awarded to landlord upon its cause of action for possession. Execution of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

Although equity will intervene to relieve a tenant who, due to inadvertence or neglect, fails to timely exercise a renewal option if the...

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