Fisher Avenue Realty Partners, L.P. v. Hausch

OPINION OF THE COURT

Memorandum.

Appeal from order dismissed. Said order was subsumed in the final judgment.

Final judgment and order unanimously modified by striking the monetary award and providing that landlord is awarded use and occupancy in the sum of $1,175.29. As so modified, final judgment and order affirmed with $25 costs to landlord.

The Justice Court properly denied tenant’s motion to dismiss inasmuch as there was no defect of any consequence in the notice of termination or in the petition. Moreover, the court did not err in declining to give tenant an opportunity to answer (CPLR 404…