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409-411 SIXTH ST., LLC v. MOGI

No. 250 SSM 23.

22 N.Y.3d 875 (2013)

2013 NY Slip Op 6604

409-411 SIXTH STREET, LLC, Appellant, v. MASAKO MOGI, Respondent.

Court of Appeals of New York.

Decided October 10, 2013.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLC, New York City ( Magda L. Cruz of counsel), for appellant.

De Castro Law Firm, Woodside ( Steven M. De Castro of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for further proceedings in accordance with this memorandum. The certified question should not be answered upon the ground that it is unnecessary.

Landlord 409-411 Sixth Street, LLC commenced a holdover proceeding to evict tenant Masako Mogi from her rent-stabilized apartment in New York City on the...

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