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ROXBOROUGH APT CORP v. BECKER

176 Misc.2d 503 (1998)

673 N.Y.S.2d 814

Roxborough Apartment Corporation, Petitioner, v. Bruce Becker, Respondent.

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

February 17, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Barr, New York City, for respondent. Beal & Beal, Jericho (Paul Bogoni of counsel), for petitioner.

ROLANDO T. ACOSTA, J.

In this holdover proceeding, petitioner landlord seeks a judgment of possession of respondent's rent-stabilized apartment because, according to petitioner, respondent has not occupied the apartment as his primary residence.

In a preanswer motion, respondent tenant moves for an order dismissing the petition on the ground that the landlord's acceptance and retention of three months...

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