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Saunders Street Owners, Ltd v. Gavriel Broudo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


July 28, 2011

SAUNDERS STREET OWNERS, LTD.,
RESPONDENT,
v.
GAVRIEL BROUDO, APPELLANT,
v.
JOHN DOE AND JANE DOE,
UNDERTENANTS.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), dated March 15, 2010, deemed from a final judgment of the same court entered March 16, 2010 (see CPLR 5501 [c]). The final judgment, entered pursuant to the March 15, 2010 order denying tenant's motion for summary judgment dismissing the petition and granting landlord's cross motion for summary judgment, awarded landlord possession and the principal sum of $9,605.28 as against tenant in a nonpayment summary proceeding, and dismissed tenant's counterclaim.

Saunders St. Owners, Ltd. v Broudo

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 28, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ

ORDERED that the final judgment is reversed, without costs, so much of the order dated March 15, 2010 as granted landlord's cross motion for summary judgment is vacated, landlord's cross motion for summary judgment is denied, tenant's counterclaim is reinstated, and the matter is remitted to the Civil Court for a trial on the disputed issues.

For the reasons stated in Saunders St. Owners, Ltd. v Gavriel Broudo (__ Misc 3d __, 2011 NY Slip Op _____ [Appeal No. 2010-1658 Q C], decided herewith), the final judgment is reversed, so much of the order dated March 15, 2010 as granted landlord's cross motion for summary judgment is vacated, landlord's cross motion for summary judgment is denied, tenant's counterclaim is reinstated, and the matter is remitted to the Civil Court for a trial on the disputed issues.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: July 28, 2011

20110728

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