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JOHNSON v. JOHNSON

Index No. 812848/22. Appeal No. 795. Case No. 2023-00200.

220 A.D.3d 482 (2023)

196 N.Y.S.3d 76

2023 NY Slip Op 05188

Raymond E. Johnson, Respondent, v. Raymond Mark Johnson et al., Appellants.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Brooklyn (Zachary D. Kuperman of counsel), for appellants.

Law Offices of Lorna A. McGregor, Mount Vernon (Lorna A. McGregor of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 5, 2022, which stayed the parties' holdover proceeding in Civil Court and restrained defendants and the City Marshal from evicting plaintiff until the determination of title and ownership of the property, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in staying the Civil Court holdover proceeding pending a determination of whether plaintiff legally...

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