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247 W. 11TH ST. v. HOUSER

177 Misc.2d 938 (1998)

678 N.Y.S.2d 854

247 West 11th St. Realty Assocs., L.P., Appellant, v. Karen Houser et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 11, 1998

Attorney(s) appearing for the Case

Mitofsky & Shapiro, New York City (William J. Neville of counsel), for appellant. Finder Novick Kerrigan & Anderson, L. L. P., New York City (Stephen H. Palitz of counsel), for respondent.

PARNESS, P. J., and DAVIS, J., concur; FREEDMAN, J., concurs in a separate memorandum.

Per Curiam.

Order dated February 7, 1997 reversed, with $10 costs, and tenant's motion to dismiss the nonpayment petition is denied.

Tenant in this nonpayment proceeding seeks to offset a Division of Housing and Community Renewal (DHCR) rent overcharge award obtained against the predecessor owner. The present landlord acquired title in August 1993 after a judgment of foreclosure and judicial sale as assignee of...

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