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Q C. GOLD QUEENS, LLC, res, v. ROBERT COHEN AND BRENDA COHEN, app, -and“JOHN DOE” AND/ OR “JANE DOE,” und

2011-2932 Q C. GOLD QUEENS, LLC, res, v. ROBERT COHEN AND BRENDA COHEN, app, -and"JOHN DOE" AND/ OR "JANE DOE," und — Appeal from a decision of the Civil Court of the City of New York, Queens County (Inez Hoyos, J.), dated September 22, 2011, deemed from a final judgment of the same court entered September 23, 2011 (see CPLR 5512 [a]). The final judgment, after a nonjury trial, awarded landlord possession in a holdover summary proceeding. The appeal from the final judgment brings up for review an order of the same court (Anne Katz, J.) dated February 16, 2011 which denied the branch of tenants' motion seeking to dismiss the petition and implicitly denied the branch of their motion seeking an award of attorney's fees.

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2011-2932 Q C. GOLD QUEENS, LLC, res, v. ROBERT COHEN AND BRENDA COHEN, app, -and”JOHN DOE” AND/ OR “JANE DOE,” und — Appeal from a decision of the Civil Court of the City of New York, Queens County (Inez Hoyos, J.), dated September 22, 2011, deemed from a final judgment of the same court entered September 23, 2011 (see CPLR 5512 [a]). The final judgment, after a nonjury trial, awarded landlord possession in a holdover summary proceeding. The appeal from the final judgment brings up for review an order of the same court (Anne Katz, J.) dated February 16, 2011 which denied the branch of tenants’ motion seeking to dismiss the petition and implicitly denied the branch of their motion seeking an award of attorney’s fees.

ORDERED that the final judgment is reversed, without costs, so much of the order dated February 16, 2011 as denied the branch of tenants’ motion seeking to dismiss the petition is vacated, and the branch of tenants’ motion seeking to dismiss the petition is granted.

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