433 W. ASSOCS. v. MURDOCK


181 Misc.2d 331 (1999)

695 N.Y.S.2d 253

433 WEST ASSOCIATES, Respondent, v. CAROLYN MURDOCK, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 18, 1999.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, L. L. P., New York City, for appellant.

Kucker, Kraus & Bruh, L. L. P., New York City, for respondent.

PARNESS, P. J., and DAVIS, J., concur; FREEDMAN, J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Order dated December 17, 1997 affirmed, with $10 costs.

The tenant's belated motion to dismiss the nuisance holdover petition, made nearly one year after entry of a final judgment in landlord's favor, was properly denied. Tenant waived any objection to the adequacy of the landlord's December 12, 1996 notice of petition or trial proof insofar as they related to the...

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