Respondent Harrison (the tenant) moves to dismiss this summary holdover proceeding. The court elected to treat the motion as a motion for summary judgment and so notified the parties in compliance with CPLR 3211 (subd [c]). The issues to be resolved are (1) whether the tenant has been residing in the premises sought to be recovered; (2) if so, whether petitioner (the landlord) acquiesced in that residence; (3) whether the premises...
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