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VISUTTON ASSOC. v. FASTMAN

No. 2013-98 Q C

44 Misc.3d 56 (2014)

991 N.Y.S.2d 240

2014 NY Slip Op 24164

VISUTTON ASSOCIATES, Respondent, v. JEFFREY FASTMAN, Individually and as Distributee of the Estate of BELLA FASTMAN, Deceased, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided June 20, 2014.

Attorney(s) appearing for the Case

Gordon & Gordon, P.C., Forest Hills ( Peter S. Gordon of counsel), for appellant.

Cooper, Paroff & Cook, LLP, Kew Gardens ( Sharon E. Cook of counsel), for respondent.

PESCE, P.J., SOLOMON and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition. Landlord commenced this holdover summary proceeding to recover possession of a rent-stabilized apartment on the ground that the tenant, the estate of Bella Fastman, had breached a substantial obligation of the tenancy...

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