| Murtadha Abdulwahab v Peter J. Shmergie, P.L.L.C. a/k/a Peter J. Schmerge, PLLC & Peter J. Shmergie "schmerge" |
| Motion No: 2009-01426 WC |
| Slip Opinion No: 2009 NY Slip Op 83091(U) |
| Decided on September 10, 2009 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MURTADHA ABDULWAHAB, Respondent, -against- PETER J. SHMERGIE, PLLC. a/k/a PETER J. SCHMERGE, PLLC and PETER J. SHMERGIE "SCHMERGE", Appellant. |
DECISION
Motion by tenant-appellant is granted to the extent that the order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), dated July 9, 2009, is summarily reversed and tenant's underlying motion for access to the premises is granted to the extent of remitting this matter to the City Court of White Plains for the purpose of affording tenant access on two subsequent dates of five hours and eight hours, respectively, to pack and remove his personal property from the premises, and staying landlord from removing tenant's personal property until the end of these two days.
Under the circumstances presented, tenant's motion for access should have been granted to the extent set forth above.
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Presiding Justice, Appellate Term
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Associate Justice, Appellate Term
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Associate Justice, Appellate Term