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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001)

Citation
East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001)
Parent Document
East 145 Co. v. Benayoun, 190 Misc. 2d 164 (2001)
Jurisdiction
New York (state)
Effective Date
2001-11-01

Full Text

402 chars
William P. McCooe, J. P.
(dissenting in part). I disagree only with that part of the majority decision which found as a matter of law that the commencement of this eviction proceeding was not in retaliation for the tenant having successfully prosecuted a personal injury action against the landlord based upon a condition in the building. A question of fact is present which precludes summary judgment.