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FALLARINO v. FALLARINO

No. 2015-1430 NC.

56 Misc.3d 67 (2017)

2017 NY Slip Op 27186

56 N.Y.S.3d 414

JOSEPH FALLARINO, Respondent, v. MICHAEL FALLARINO, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided May 23, 2017.

Attorney(s) appearing for the Case

Farrell Fritz, P.C. ( Aaron E. Zerykier of counsel) for appellant.

Joseph Fallarino, respondent pro se.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and tenant's motion to dismiss the petition is granted.

In 2002, petitioner's parents deeded the property at 134 Aster Drive, in New Hyde Park, New York, to petitioner and his brothers, retaining a life estate.

In April 2015, after his father's death, petitioner pro se commenced this holdover proceeding, in his own name, to terminate a tenancy at the premises...

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