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1650 REALTY ASSOC., LLC v. OVADIAH

2018-1877 KC.

65 Misc.3d 24 (2019)

108 N.Y.S.3d 672

2019 NY Slip Op 29266

1650 REALTY ASSOCIATES, LLC, Appellant, v. ISAAC OVADIAH et al., Respondents, et al., Undertenants.

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

Decided August 23, 2019.

Attorney(s) appearing for the Case

Borah Goldstein Altschuler Nahins & Goidel, P.C. ( Paul N. Gruber , of counsel), for appellant.

Isaac Ovadiah, respondent pro se.

Janice Ovadiah, respondent pro se.

OPINION OF THE COURT

MEMORANDUM

Ordered that the order dated August 20, 2018, insofar as appealed from, is reversed, without costs, and, upon renewal and/or reargument, the determination in the amended order dated May 17, 2018, granting the branch of tenants' cross motion seeking summary judgment dismissing the petition is vacated, that branch of tenants' cross motion is denied and the matter is remitted to the Civil Court for a determination on the merits...

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