MISKE v. SELVAGGI

2018-05644, Index No. 1821/16.

175 A.D.3d 1526 (2019)

109 N.Y.S.3d 156

2019 NY Slip Op 06765

Denise Miske, Appellant, v. Carolyn E. Selvaggi et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 25, 2019.


Attorney(s) appearing for the Case

Sobo & Sobo, LLP, Middletown, NY ( Stephen J. Cole-Hatchard of counsel), for appellant.

Burke, Conway & Dillon, White Plains, NY ( Robert S. Gross of counsel), for respondents.

Dillon, J.P., Cohen, Duffy and Christopher, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff leased the first floor of a two-family house in Orange County from the defendants. After the expiration of the lease, the plaintiff continued residing at the property, thereby creating a month-to-month tenancy (see Real Property Law § 232-c). In December 2013, the plaintiff allegedly sustained personal...

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