STANFORD REALTY v. ROLLINS


161 Misc.2d 754 (1994)

615 N.Y.S.2d 229

Stanford Realty Assoc., Petitioner, v. Charles Rollins, Respondent.

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

June 28, 1994


Attorney(s) appearing for the Case

Fischman & Fischman, New York City (Doreen J. Fischman of counsel), for petitioner. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Harriet M. Polinsky of counsel), for respondent.


MARCY S. FRIEDMAN, J.

This is a residential summary holdover proceeding based on the allegation that respondent has ceased to use a rent-controlled apartment as his primary residence. The first and third affirmative defenses of respondent's answer assert that the petition must be dismissed based on petitioner's failure to name and serve respondent's wife. Petitioner moves to dismiss these two defenses, and...

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