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601 W. 160 REALTY v. HENRY

183 Misc.2d 666 (2000)

705 N.Y.S.2d 212

601 WEST 160 REALTY CORP., Petitioner, v. WILLIAM HENRY, Respondent.

Civil Court, Kings County.

February 9, 2000.

Attorney(s) appearing for the Case

Cohen, Hurkin, Ehrenfeld, Pomerantz & Tenenbaum, Brooklyn, for petitioner.

Michael Lloyd, New York City, for respondent.

OPINION OF THE COURT

MARCIA J. SIKOWITZ, J.

Petitioner simultaneously commenced two identical summary nonpayment proceedings, and respondent interposed defenses and counterclaims for retaliatory eviction and breach of the warranty of habitability. One petition was dismissed based on a defective predicate notice, and the second petition was dismissed based on improper service after a traverse hearing.

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