Dearie v. Hunter
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated July 1, 1998 modified by reversing so much thereof as granted tenant’s motion to dismiss the nonpayment petition, the petition is reinstated, and the proceeding is remanded to the Civil Court for trial in accordance with this decision; as modified, order affirmed, without costs.
We do not disturb Civil Court’s exercise of discretion insofar as it vacated the stipulations executed by the pro se tenant and permitted him to defend the nonpayment proceeding on the merits. Tenant has made a prima facie showing of a defense under section 143-b (5) of the Social…
3Cases cited3 opinions
- Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
- Romea v. Heiberger & AssociatesDistrict Court, S.D. New York · 1998
- Barstow Road Owners, Inc. v. BillingNassau County District Court · 1998
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- Sambel Properties, LLC v. BakerVermont Superior Court · 2016