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LALLY v. FASANO

23 Misc.3d 938 (2009)

875 N.Y.S.2d 750

LAWRENCE M. LALLY, Petitioner, v. DAWN FASANO, Also Known as DAWN FASANO LALLY, Respondent.

District Court of Nassau County, First District.

Decided February 23, 2009.

Attorney(s) appearing for the Case

Capell Vishnick, LLP, Lake Success (Avrohom Gefen of counsel), for respondent.

Lawrence M. Lally, Locust Valley, petitioner pro se.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

By motion dated January 5, 2009, respondent Dawn Fasano, also known as Dawn Fasano Lally, seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner Lawrence M. Lally opposes the motion and, pursuant to CPLR 3212 (b), requests summary judgment and a judgment of possession.

According to the affidavits of the parties, respondent...

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