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Town of Oyster Bay Hous. Auth. v. Garcia

Guilty Plea Insufficient to Terminate Tenancy; Hearing Warranted on Drug Possession Issue

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The following named papers numbered 1 to 2 submitted on this Motion and Cross Motion on November 27, 2017Numbered papersNotice of Motion and Supporting Documents 1Notice of Cross Motion and Supporting Documents 2Opposition to MotionReply Papers to Motion

*1 The petitioner commenced this holdover proceeding seeking “a final judgment of eviction, awarding to the Petitioner possession of the premises designated and described [as] all rooms at: 355-61 Newbridge Road, Hicksville, New York 11801….” The petition also seeks a money judgment for the fair value of the respondent’s use and occupancy in the amount of $1,452.00, and an award for attorneys’ fees. The respondent moves for an order granting him summary judgment dismissing the petition. The petitioner opposes the respondent’s motion, and cross-moves for summary judgment. The parties’ motions are determined as follows.

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