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EDELSTEIN & SON v. LEVIN

1 Misc.3d 685 (2003)

770 N.Y.S.2d 842

EDELSTEIN & SON, LLC, Petitioner, v. LINDA LEVIN, Respondent.

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

September 25, 2003.

Attorney(s) appearing for the Case

Fishman & Neil, LLP, New York City (James B. Fishman of counsel), for respondent.

Penn Proefriedt Schwarzfeld & Schwartz, New York City (Sharyn A. Tritto of counsel), for petitioner.

OPINION OF THE COURT

MARIA MILIN, J.

In this nonpayment proceeding where petitioner seeks rental arrears from June 1998 through June 2002, respondent moves for an order pursuant to CPLR 3212 for partial summary judgment dismissing with prejudice all claims for rent accruing prior to August 1999. Respondent succeeded to the rent-controlled tenancy of Philip Cuppett after his death in August 1999. It is undisputed...

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