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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kern v. Guller, 40 A.D.3d 1231 (2007)

Citation
Kern v. Guller, 40 A.D.3d 1231 (2007)
Parent Document
Kern v. Guller, 40 A.D.3d 1231 (2007)
Jurisdiction
New York (state)
Effective Date
2007-05-10

Full Text

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Respondent became petitioner’s tenant in September 2005. Fetitioner commenced an eviction proceeding in the Justice Court of the Town of Lexington in November 2005, but County Court transferred the matter to the Justice Court of the Town of Cairo in January 2006. The record does not disclose what happened to that proceeding, but petitioner filed a new petition in Cairo Town Court on March 8, 2006. Respondent was served with the new petition, accompanied by a three-day notice to quit the premises. At a hearing on March 14, 2006, Justice Court (Baldwin, J.) granted the petition and issued a warrant of eviction, but reserved judgment on the amount of unpaid rent so that respondent could provide proof of payment.