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BOWERY CORP. v. ENSLEY

182 Misc.2d 471 (1999)

698 N.Y.S.2d 816

HOUSE OF BOWERY CORP., Petitioner, v. SUSAN ENSLEY et al., Respondents.

Civil Court, New York County.

September 30, 1999.

Attorney(s) appearing for the Case

Jeffrey S. Ween & Associates, New York City (Edward Deignan of counsel), for Susan Ensley, respondent.

Borah, Goldstein, Altschuler & Schwartz, New York City (David R. Brody of counsel), for petitioner.

Alterman & Boop, P. C., New York City (Arlene F. Boop of counsel), for Lloyd Handwerker, respondent.

OPINION OF THE COURT

DEBRA A. JAMES, J.

This is a residential holdover summary proceeding. Petitioner seeks to recover possession of the subject premises (hereinafter the loft) on the alternative theories that respondent tenant, Susan Ensley (hereinafter Ensley), does not occupy all or a part of the loft as her primary residence or has illegally sublet a portion of the loft without petitioner's consent.

Under CPLR 3211 (a) (7), Ensley moves to dismiss...

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