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385 BAYVIEW, LLC v. WARREN

2016-793 NC.

58 Misc.3d 89 (2017)

68 N.Y.S.3d 623

2017 NY Slip Op 27429

385 BAYVIEW, LLC, Respondent, v. CHARLENE WARREN, Appellant, et al., Undertenants.

Supreme Court, Appellate Term, Second Department.

Decided December 28, 2017.

Attorney(s) appearing for the Case

Nassau Suffolk Law Services Committee, Inc. ( Judy Slater Hirshon of counsel) for appellant.

Horing, Welikson & Rosen, P.C. ( Ashka S. Patwa of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, so much of the order entered April 6, 2015, as, upon reargument, adhered to the prior determination dated December 15, 2014, denying tenant's motion to dismiss the petition is vacated, and tenant's motion is granted.

Landlord commenced this holdover summary proceeding after the service of a 30-day notice of termination, alleging that, upon the expiration...

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