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Loschin v. Dixon

In this holdover proceeding, the petitioner seeks a judgment of possession for the upstairs apartment of the premises located at 103 Lockwood Avenue in Farmingdale, New York. The premises are owned by the petitioner, Ruth Loschin. The proceeding was instituted pursuant to RPAPL 721(1) by Ms. Losch.....

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In this holdover proceeding, the petitioner seeks a judgment of possession for the upstairs apartment of the premises located at 103 Lockwood Avenue in Farmingdale, New York. The premises are owned by the petitioner, Ruth Loschin. The proceeding was instituted pursuant to RPAPL 721(1) by Ms. Loschin’s attorney-in-fact, her son Jeffrey Loschin. On December 16, 2002, Ms. Loschin had executed a power of attorney to Jeffrey Loschin. Another son, Mark, is listed as the alternate agent. There is a question as to whether this power will survive the principal’s disability, but that issue is not before this Court. The respondents are Sean Dixon (Ruth Loschin’s grandson, age twenty) and Jacklyn Amoriello, his girlfriend.

This holdover proceeding first appeared on the Court’s calendar on March 13, 2003. The respondents answered the petition, raising several affirmative defenses, including that the petitioner’s agent is acting against the wishes of the petitioner in bringing this proceeding and that the over-tenant has not been named as a party respondent.

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