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PARK SOUTH ASSOC. v. MASON

123 Misc.2d 750 (1984)

Park South Associates, Petitioner, v. Mark Mason, Respondent.

Civil Court of the City of New York, New York County.

April 6, 1984

Attorney(s) appearing for the Case

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz (Scott E. Mollen, C. Daniel Chill and Franklin R. Kaiman of counsel), for petitioner. Fischbein, Olivieri, Rozenholc & Badillo (Judith Brener of counsel), for respondent.

DAVID B. SAXE, J.

In this summary holdover proceeding, petitioner requests possession pursuant to the Emergency Tenant Protection Act ([ETPA] L 1974, ch 576, § 4) as amended by the Omnibus Housing Act ([Omnibus Housing Act], L 1983, ch 403, § 55) on the ground that respondent maintains his primary residence at his home in New Jersey. The respondent moves for summary judgment pursuant to CPLR 3212, arguing that, during the lease renewal period...

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