FOUNTAINS-CLOVE ROAD APARTMENTS, INC., res, v. MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AS SURVIVING ISSUE OF MAY DINGER, DECEASED, app, MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AND ROBERT GUNTHER, ALSO KNOWN AS ROBERT C. GUNTHER, JR., occapp, AND “JOHN DOE,” AND “JANE DOE,” Occ

2015-449 RI C. FOUNTAINS-CLOVE ROAD APARTMENTS, INC., res, v. MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AS SURVIVING ISSUE OF MAY DINGER, DECEASED, app, MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AND ROBERT GUNTHER, ALSO KNOWN AS ROBERT C. GUNTHER, JR., occapp, AND "JOHN DOE," AND "JANE DOE," Occ — Appeal from an order of the Civil Court of the City of New York, Richmond County (Kimberly S. Moser, J.), entered January 28, 2015, deemed from a final judgment of the same court entered January 28, 2015 (see CPLR 5512 [a]). The final judgment, insofar as appealed from, entered pursuant to the January 28, 2015 order granting the branch of landlord's motion seeking summary judgment on so much of the petition as sought an award of possession, granting landlord's separate motion for summary judgment dismissing the counterclaims, and denying a separate motion by Mary Ann Gunther and Robert Gunther for summary judgment dismissing the petition and on the counterclaims, awarded landlord possession and dismissed the counterclaims in a nonpayment summary proceeding.

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2015-449 RI C. FOUNTAINS-CLOVE ROAD APARTMENTS, INC., res, v. MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AS SURVIVING ISSUE OF MAY DINGER, DECEASED, app, MARY ANN GUNTHER, ALSO KNOWN AS MARY ANN DINGER GUNTHER, AND ROBERT GUNTHER, ALSO KNOWN AS ROBERT C. GUNTHER, JR., occapp, AND “JOHN DOE,” AND “JANE DOE,” Occ — Appeal from an order of the Civil Court of the City of New York, Richmond County (Kimberly S. Moser, J.), entered January 28, 2015, deemed from a final judgment of the same court entered January 28, 2015 (see CPLR 5512 [a]). The final judgment, insofar as appealed from, entered pursuant to the January 28, 2015 order granting the branch of landlord’s motion seeking summary judgment on so much of the petition as sought an award of possession, granting landlord’s separate motion for summary judgment dismissing the counterclaims, and denying a separate motion by Mary Ann Gunther and Robert Gunther for summary judgment dismissing the petition and on the counterclaims, awarded landlord possession and dismissed the counterclaims in a nonpayment summary proceeding.

ORDERED that the final judgment, insofar as appealed from, is modified by vacating the provision thereof dismissing the counterclaims, so much of the January 28, 2015 order as granted landlord’s motion for summary judgment dismissing the counterclaims is vacated and that motion is granted only to the extent of severing the counterclaims; as so modified, the final judgment, insofar as appealed from, is affirmed, without costs.

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