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SUAREZ v. AXELROD FINGERHUT & DENNIS

839, 150374/14.

142 A.D.3d 819 (2016)

CRUZ SUAREZ et al., Appellants-Respondents, v. AXELROD FINGERHUT & DENNIS et al., Respondents-Appellants, and TURIN HOUSING DEVELOPMENT FUND, CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 8, 2016.

The record demonstrates conclusively that the eviction of plaintiffs Alix and Brea by Turin was wrongful, inasmuch as Alix and Brea were unrefutedly known occupants of the apartment. Thus, Alix and Brea are entitled to summary judgment on the cause of action for wrongful eviction as against Turin. However, issues of fact preclude summary judgment on that cause of action as against the remaining defendants, and with respect to plaintiffs...

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