KACE REALTY v. LEVY


127 Misc.2d 940 (1985)

Kace Realty Co., Petitioner, v. Peter Levy, Respondent.

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

April 30, 1985


Attorney(s) appearing for the Case

Argiriou & Finkel (Arthur Argiriou of counsel), for petitioner. Walter S. Jennings for respondent.


LESTER EVENS, J.

The petitioner seeks to obtain a judgment of possession on the ground that the respondent has not maintained the subject apartment as his primary residence. The petitioner also moves to dismiss several of the respondent's affirmative defenses. The respondent cross-moves to dismiss the petition on several grounds. The respondent's motion is granted on the ground that petitioner has not stated a cause of action for eviction, and on the...

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