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244 W. 109TH ST., LLC v. DIAZ

570510/09

26 Misc.3d 14 (2009)

2009 NY Slip Op 29468

891 N.Y.S.2d 858

244 WEST 109TH STREET, LLC, Appellant, v. ELIZABETH DIAZ et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Cutler Minikes & Adelman, LLP, New York City, for appellant.

Adam Leitman Bailey, P.C., New York City, for Tony Diaz, respondent.

McKEON, P.J., SHULMAN and HUNTER, JJ., concur.

[26 Misc.3d 16]

OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about January 26, 2009, reversed, with $30 costs, and final judgment awarded to petitioner landlord. Issuance of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

The jointly represented respondents, mother and son, effectively waived the succession defense initially interposed...

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