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76th Street Owners' Corp v. Fouad Elshiekh and Deborah Elshiekh

New York Supreme and/or Appellate Courts Appellate Term, First Department


September 23, 2011

76TH STREET OWNERS' CORP.,
PETITIONER-LANDLORD-RESPONDENT,
v.
FOUAD ELSHIEKH AND DEBORAH ELSHIEKH, RESPONDENTS-TENANTS-APPELLANTS.

Per curiam.

76th St. Owners' Corp. v Elshiekh

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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ

Tenants appeal from (1) an order of the Civil Court of the City of New York, Bronx County (Sabrina B. Kraus, J.), dated September 27, 2010, which denied their motion for leave to reargue an order (same court and Judge), dated June 16, 2010, granting landlord's motion for summary judgment on its possessory claim in a holdover summary proceeding, and (2) a judgment (same court and Judge), entered on or about November 16, 2010, which, after a hearing, awarded landlord use and occupancy and attorneys' fees in the aggregate sum of $48,872.95.

Judgment (Sabrina B. Kraus, J.), dated November 16, 2010, affirmed, without costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court. Appeal from order denying reargument (Sabrina B. Kraus, J.), dated September 27, 2010, dismissed, without costs, as taken from a non-appealable order. THIS CONSTITUTES THE ORDER OF THE COURT. Decision Date: September 23, 2011

20110923

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