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528 E. 11TH ST. v. DURIEAUX

164 Misc.2d 595 (1995)

625 N.Y.S.2d 431

528 East 11th Street H.D.F.C., Petitioner, v. Wanda Durieaux et al., Respondents.

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

March 3, 1995

Attorney(s) appearing for the Case

MFY Legal Services, Inc. (Wayne G. Hawley and Jean Warshaw of counsel), for Wanda Durieaux, respondent. Steiner, Yolleck, Roth & Adler for petitioner.

MICHAEL D. STALLMAN, J.

Petitioner commenced this summary holdover proceeding on the ground that respondent's use of a washing machine constitutes a nuisance. Respondent has made a preanswer motion to dismiss the petition on several grounds, inter alia, that petitioner waived its claim by accepting rent. This motion requires analysis of the recent amendment to RPAPL 731 respecting commencement of a...

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