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HILLSIDE PLACE, LLC v. SHAHID

2015-00314 Q C. HILLSIDE PLACE, LLC v. SHAHID — Appeal from an order of the Civil Court of the City of New York, Queens County (Clifton A. Nembhard, J.), dated August 28, 2014. The order, insofar as appealed from as limited by the brief, granted landlord's cross motion to, on the ground of abandonment, "dismiss" the petition and strike the counterclaims, and denied, in effect as academic, the branch of tenant's motion seeking relief pursuant to CPLR 3126, in a nonpayment summary proceeding.

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2015-00314 Q C. HILLSIDE PLACE, LLC v. SHAHID — Appeal from an order of the Civil Court of the City of New York, Queens County (Clifton A. Nembhard, J.), dated August 28, 2014. The order, insofar as appealed from as limited by the brief, granted landlord’s cross motion to, on the ground of abandonment, “dismiss” the petition and strike the counterclaims, and denied, in effect as academic, the branch of tenant’s motion seeking relief pursuant to CPLR 3126, in a nonpayment summary proceeding.

ORDERED that the order, insofar as appealed from, is reversed, without costs, landlord’s cross motion to, on the ground of abandonment, “dismiss” the petition and strike the counterclaims is denied, and the matter is remitted to the Civil Court for a new determination of the branch of tenant’s motion seeking relief pursuant to CPLR 3126.

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