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EMA REALTY, LLC v. LEYVA

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64 Misc.3d 11 (2019)

98 N.Y.S.3d 692

2019 NY Slip Op 29110

EMA REALTY, LLC, Respondent, v. MARY DOROTHY LEYVA, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

April 12, 2019.

Attorney(s) appearing for the Case

Robert A. Katz for appellant.

Horing, Welikson & Rosen, P.C. (Niles C. Welikson of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, the order entered June 7, 2017, is vacated, landlord's motion pursuant to CPLR 4404 (b) to set aside the decision dated October 5, 2016, is denied, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

In this holdover proceeding, the petition, dated July 8, 2015, alleges that the parties' lease expired and...

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