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PB 2180 PITKIN AVE., LLC v. TRESS

2017-1017 KC.

65 Misc.3d 12 (2019)

107 N.Y.S.3d 616

2019 NY Slip Op 29264

PB 2180 PITKIN AVENUE, LLC, Respondent, v. MARK TRESS, Appellant, et al., Tenant, et al., Undertenants.

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

August 23, 2019.

Attorney(s) appearing for the Case

Law Offices of Elliott S. Martin ( Elliott S. Martin of counsel) for appellant.

Joseph Obermeister for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, on the court's own motion so much of the final judgment entered November 25, 2013, as was entered against Mark Tress is vacated and so much of the petition as is against him is dismissed for lack of subject matter jurisdiction, and the motion by Mark Tress to vacate, pursuant to CPLR 5015(a)(1), that portion of the final judgment is denied as moot.

The petition in...

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