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Mutual Redevelopment Houses, Inc. v Greene
2009 NY Slip Op 50850(U) [23 Misc 3d 136(A)]
Decided on May 5, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 5, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570142/09.

Mutual Redevelopment Houses, Inc., Petitioner-Landlord-Respondent, -

against

John Greene, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Marcia J. Sikowitz, J.), dated September 12, 2008, which denied his cross motion to dismiss the petition and granted landlord's motion for summary judgment of possession in a holdover summary proceeding.


Per Curiam.

Order (Marcia J. Sikowitz, J.), dated September 12, 2008, affirmed, with $10 costs, for the reasons stated by Marcia J. Sikowitz, J, at Civil Court.

We note our agreement that tenant failed to raise a nonconclusory factual issue warranting a traverse hearing
(see Chinese Consol. Benevolent Assn. v Tsang, 254 AD2d 222 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 05, 2009