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JEAN-BAPTISTE v. 153 MANHATTAN AVE. HOUS. DEV. FUND CORP.

13495, 103042/07.

124 A.D.3d 476 (2015)

FRANCOISE JEAN-BAPTISTE, Appellant, v. 153 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORP., Respondent. (And a Third-Party Action.).

Appellate Division of the Supreme Court of New York, First Department.

Decided January 20, 2015.

Defendant established prima facie entitlement to summary judgment by demonstrating its status as an out-of-possession landlord under the terms of the lease (see Kittay v Moskowitz, 95 A.D.3d 451 [1st Dept 2012], lv denied 20 N.Y.3d 859 [2013]; Babich v R.G.T. Rest. Corp., 75 A.D.3d 439 [1st Dept 2010]). Plaintiff's attempt, by way of opposition...

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