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45-48 47TH ST CORP v. MURPHY

2012-2228 Q C

45 Misc.3d 23 (2014)

993 N.Y.S.2d 866

2014 NY Slip Op 24210

45-48 47TH STREET CORP., Respondent, v. ERIN MURPHY, Appellant.

Supreme Court, Appellate Term, Second Department,

Decided July 9, 2014.

Attorney(s) appearing for the Case

Erin Murphy, appellant pro se.

Marino & Scotti, Corona ( Autrey G. Johnson of counsel), for respondent.

PESCE, P.J., and Solomon, J., concur; WESTON, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, tenant's motion to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted, and the matter is remitted to the Civil Court for all further proceedings.

It is noted at the outset that, contrary to the argument advanced by landlord in its respondent's brief, this appeal was properly...

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