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Potts v. Thomas

Petition Stating Respondent a Licensee, Not Tenant a Jurisdictional Defect and Dismissed

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Decision After Trial

*1  Petitioner, Royce Potts, has commenced a holdover proceeding against Respondents Maria Thomas, Jason Thomas and Mark Thomas, pursuant to RPAPL §713(7) for address 530 Alicia Drive, Westbury, New York. The Petition, dated October 21, 2016, alleges that the three (3) Respondents are licensees, whose license has expired and reside at the premises without permission. It is alleged that a 10 day notice was served upon Respondents to terminate their license. Reference, throughout this decision, is made to Anthony Massop, aka Anthony J. Massop, aka Antony J. Massop, aka Antony Massop, being the same person, under District Court of Nassau County Index No. LT-004208-10, and hereinafter referred to as Antony Massop.On October 28, 2015, the seller, Antony Massop, entered into a Residential Contract of Sale with the buyer, Royce H. Potts. The said contract provides:“3. Purchase Price. The purchase price is One Hundred Thousand dollars ($100,000.00), payable as follows:

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