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DBL REALTY CORP. v. ZAVALA

166 Misc.2d 736 (1995)

637 N.Y.S.2d 612

DBL Realty Corporation, Appellant, v. Felix Zavala, Respondent.

Supreme Court, Appellate Term, First Department.

November 3, 1995

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Paul N. Gruber of counsel), for appellant. N.M.I.C. Legal Services, New York City (Kenneth Rosenfeld and Alan G. Morley of counsel), for respondent.

PARNESS, J. P., and MILLER, J., concur.

Per Curiam.

Order entered April 20, 1994 reversed, with $10 costs, tenant's motion for summary judgment is denied, and landlord's cross motion is granted to the extent of dismissing the second and third affirmative defenses and third and fourth counterclaims, and by amending the caption to substitute DBL Realty Co. as party petitioner in place of DBL Realty Corp.

The nonpayment petition seeks arrears of $800 per...

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