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BH 2628, LLC v. ZULLY'S INC.

2016-447 QC.

57 Misc.3d 63 (2017)

2017 NY Slip Op 27319

61 N.Y.S.3d 809

BH 2628, LLC, Appellant, v. ZULLY'S BUBBLES LAUNDROMAT, INC., Respondent, et al., Undertenants.

Supreme Court, Appellate Term, Second Department.

Decided September 29, 2017.

Attorney(s) appearing for the Case

Stern & Stern ( Pamela Smith of counsel) for appellant.

Castro Law, PLLC ( John C. Castro 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 awarding possession to petitioner.

In this summary proceeding commenced pursuant to RPAPL 713 (5) by a purchaser in foreclosure, petitioner appeals from a final judgment which, after a nonjury trial, dismissed the petition. The Civil Court found that landlord had failed to prove...

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