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ALTA APTS. v. WEISBOND

10 Misc.3d 40 (2005)

807 N.Y.S.2d 781

ALTA APARTMENTS, LLC, Appellant, v. BARTON WEISBOND, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 7, 2005.

Attorney(s) appearing for the Case

Heiberger & Associates, P.C., New York City (Lawrence C. McCourt of counsel), for appellant.

Vernon & Ginsburg, LLP, New York City (Yoram Silagy of counsel), for Spencer Weisbond, respondent.

DAVIS, J.P., and SCHOENFELD, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered November 14, 2003 modified to deny tenant's cross motion for summary judgment, to reinstate the petition, and to remand the matter to Civil Court for further proceedings; as modified, order affirmed, with $10 costs to petitioner appellant.

This holdover proceeding, seeking possession of a rent-stabilized apartment on the ground that the tenant of record...

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