P&J HOUS. PARTNERS v. RICHERE


8 Misc.3d 17 (2005)

P&J HOUSING PARTNERS LLC, Appellant, v. YVES RICHERE et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 17, 2005.


Attorney(s) appearing for the Case

Rose & Rose, New York City (Dean Dreiblatt of counsel), for appellant.

Arthur A. Edwards, Brooklyn (James A. Lynch, Jr., of counsel), for Claude May Faustin, respondent.

Gregory Pose, respondent pro se.

Sandy Vachon, respondent pro se.

SUAREZ, P.J., and McCOOE, J., concur; SCHOENFELD, J., dissents in part.


OPINION OF THE COURT

Per Curiam.

Order entered on or about July 16, 2003 reversed, without costs, and the matter is remanded to Civil Court for further proceedings consistent with this decision.

The transcript of the traverse hearing indicates that the process server hired by landlord in connection with the underlying nonpayment proceeding arrived promptly and remained in the courtroom until the lunch recess, but was not present when the case was...

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