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HORATIO ARMS, INC. v. CELBERT

570989/12.

41 Misc.3d 11 (2013)

972 N.Y.S.2d 813

2013 NY Slip Op 23258

HORATIO ARMS, INC., Appellant, v. JEAN-FRANCOIS CELBERT, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Rosen Livingston & Cholst LLP, New York City ( Andrew J. Wagner of counsel), for appellant. Belkin Burden Wenig & Goldman, LLP, New York City ( Jeffrey L. Goldman of counsel), for Jean-Francois Celbert, respondent.

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

OPINION OF THE COURT

Per Curiam.

Order, entered July 27, 2012, affirmed, without costs. Order, dated October 3, 2012, reversed, without costs, and tenant's application for attorneys' fees is denied.

The holdover summary proceeding, based upon allegations that tenant illegally sublet the cooperative apartment premises, was properly dismissed for lack of personal jurisdiction. Landlord received "written...

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