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BRIDGEVIEW II, LLC v. MARS

2013-1818 Q C.

51 Misc.3d 29 (2015)

29 N.Y.S.3d 83

2015 NY Slip Op 25398

BRIDGEVIEW II, LLC, Respondent, v. THERESA MARS, Appellant.

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

Decided December 1, 2015.

Attorney(s) appearing for the Case

A. Lunard Odom Law Firm, P.C., Astoria ( Alfred L. Odom of counsel), for appellant.

Slochowsky & Slochowsky, LLP, Brooklyn ( Andrew D. Cassady 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, and tenant's motion to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted.

In July 2010, landlord commenced this nonpayment proceeding to recover unpaid rent, in the amount of $1,783.76 per month, as well as legal fees. Tenant's apartment is located in a building which has...

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