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NOVAKOVIC v. NOVAKOVIC

2008-4 Q C

25 Misc.3d 94 (2009)

890 N.Y.S.2d 758

MARCO NOVAKOVIC, Respondent, v. PETER NOVAKOVIC, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided October 19, 2009.

Attorney(s) appearing for the Case

Jack L. Glasser, P.C., Jamaica (Patrick T. McGuire of counsel), for appellant.

GOLIA, J.P., PESCE and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed without costs and occupant's motion for summary judgment dismissing the petition is granted.

In this licensee summary proceeding (RPAPL 713 [7]), Peter Novakovic (occupant) moved for summary judgment dismissing the petition on the grounds that petitioner had no standing to maintain the proceeding, and that occupant's father, who has a life estate in the property, had granted occupant...

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