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HARRIS v. BIGELOW

135 Misc.2d 331 (1987)

Frederick Harris, Petitioner, v. Charles G. Bigelow, Iii, Respondent.

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

March 31, 1987

Attorney(s) appearing for the Case

John J. Allen for respondent. Barry S. Rubin for petitioner.

LESTER EVENS, J.

Respondent in this holdover summary proceeding seeks to conduct an examination before trial of petitioner, pursuant to CPLR 408. The petition indicates that petitioner seeks to recover possession of respondent's apartment for "good faith use and occupation as petitioner's primary residence". Respondent challenges petitioner's assertion that petitioner intends to use the apartment as his primary residence. Respondent

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