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Kingsview Homes, Inc. v Thomas
2011 NY Slip Op 52443(U) [34 Misc 3d 138(A)]
Decided on January 28, 2011
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and GOLIA, JJ
2009-2265 K C. -x

Kingsview Homes, Inc., Appellant,

against

Cheryl L. Thomas, Respondent, -and- ARRI THOMAS Also Known as ORRIE THOMAS, JUSTIN THOMAS and ERIC THOMAS, Undertenants. -x


Appeal from an order of the Civil Court of the City of New York, Kings County (Eleanora Ofshtein, J.), entered August 4, 2009. The order, insofar as appealed from, denied specified branches of landlord's motion, including the branch thereof seeking summary judgment.


ORDERED that the order, insofar as appealed from, is affirmed, without costs.

The order, insofar as appealed from, is affirmed for the reasons stated in Kingsview Homes, Inc. v Eddie U. Thomas (____ Misc 3d ____, 2011 NY Slip Op _______ [Appeal No. 2009-2270 K C], decided herewith).

Pesce, P.J., Weston and Golia, JJ., concur.
Decision Date: January 28, 2011