SUTTON ASSOC. v. BUSH


125 Misc.2d 438 (1984)

Sutton Associates, Plaintiff, v. Grace G. Bush, Defendant.

Supreme Court, Special Term, New York County.

August 10, 1984


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Clifford A. Entes of counsel), for plaintiff. David S. Dubin for defendant.


HERMAN CAHN, J.

Plaintiff, the owner of premises 420 East 55th Street, New York, New York, seeks to obtain a declaratory judgment, that the apartment occupied by defendant, is not her primary residence. Defendant argues that such a finding would deprive defendant of some of the rights afforded by the various tenant protection acts, including specifically the right to a renewal lease.

Defendant moves to dismiss the complaint pursuant to CPLR 3211...

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