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350-352 S. 4TH ST. v. TORRES

No. 2016-903 KC.

56 Misc.3d 90 (2017)

2017 NY Slip Op 27208

55 N.Y.S.3d 849

350-352 SOUTH 4TH STREET, HDFC, Respondent, v. JOSE TORRES, Appellant, et al., Occupants.

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

Decided June 16, 2017.

Attorney(s) appearing for the Case

Brooklyn Legal Services Corporation A, Brooklyn ( Gregory E. Louis and Lina Lee of counsel), for appellant.

Law Office of Gerald M. Pigott, P.C., Bethpage ( Gerald M. Pigott of counsel), for respondent.

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.

Petitioner, a housing development fund corporation, commenced this summary proceeding pursuant to RPAPL 713 (11), seeking to recover possession of an apartment on the ground that Jose Torres (occupant) had entered into possession of the apartment as an...

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