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GOTTESMAN FAMILY PROPS., LLC v. MEDI-SYSTEM RENAL CARE MGT. SERVS., LLC

2015-2741 Q C. GOTTESMAN FAMILY PROPS., LLC v. MEDI-SYSTEM RENAL CARE MGT. SERVS., LLC — Appeal from a decision of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), dated May 12, 2015, deemed from a final judgment of the same court entered May 12, 2015 (see CPLR 5512 [a]). The final judgment, after a nonjury trial, awarded landlord possession and the sum of $354,436.17 in a nonpayment summary proceeding. The appeal from the final judgment brings up for review an order of the same court dated April 8, 2015 which denied tenant's motion to dismiss the petition.

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2015-2741 Q C. GOTTESMAN FAMILY PROPS., LLC v. MEDI-SYSTEM RENAL CARE MGT. SERVS., LLC — Appeal from a decision of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), dated May 12, 2015, deemed from a final judgment of the same court entered May 12, 2015 (see CPLR 5512 [a]). The final judgment, after a nonjury trial, awarded landlord possession and the sum of $354,436.17 in a nonpayment summary proceeding. The appeal from the final judgment brings up for review an order of the same court dated April 8, 2015 which denied tenant’s motion to dismiss the petition.

ORDERED that the final judgment is reversed, without costs, the order dated April 8, 2015 is vacated, and tenant’s motion to dismiss the petition is granted.

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