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MARRIOTT v. SHAW

151 Misc.2d 938 (1991)

Valerie Marriott, Petitioner, v. Sadie Shaw, Respondent.

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

July 30, 1991

Attorney(s) appearing for the Case

Legal Aid Society (Kathleen Masters and Jocelyne Martinez of counsel), for respondent. Rappaport, Krimko & Hertz (Michael Rosenthal of counsel), for petitioner.

MARCY S. FRIEDMAN, J.

Respondent moves for summary judgment dismissing this nonpayment eviction proceeding on the ground of laches. The motion is granted to the extent of permitting petitioner to maintain a possessory claim solely for the three months' rent which accrued prior to the commencement of this proceeding, and a money claim for all prior months.

The proceeding was commenced by petition and...

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