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GAZIVODA v. SHERMAN

6 Misc.3d 66 (2005)

791 N.Y.S.2d 263

LAZAR GAZIVODA, Respondent, v. HEATH SHERMAN, Appellant.

Supreme Court, Appellate Term, First Department.

January 6, 2005.

Attorney(s) appearing for the Case

Heath Sherman, appellant pro se.

Leon I. Behar, P.C., New York City, for respondent.

SUAREZ, P.J., McCOOE and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment entered December 17, 2002 reversed, without costs, and the matter remanded for a new trial.

This nuisance holdover proceeding, commenced in May 2002, is founded upon allegations that tenant allowed "combustible material" in the form of "papers" to accumulate in his rent-controlled apartment and that the condition led to the issuance in February 2002 of a class B violation for "excessive storage of papers...

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