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MISSRY v. EHLICH

1 Misc.3d 723 (2003)

765 N.Y.S.2d 176

MORRIS MISSRY et al., Doing Business as VICTORIA REALTY, Petitioners, v. EDWARD EHLICH et al., Respondents.

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

May 16, 2003.

Attorney(s) appearing for the Case

Silberman & Rhine, LLP, New York City (Arthur Rhine of counsel), for Edward Ehlich, respondent.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (David R. Brody of counsel), for petitioners.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. The Pending Motions

A. Respondent's Motion for Summary Judgment

Respondent tenant Ehlich has moved for summary judgment dismissing this commercial nonpayment proceeding to recover possession of unit 3W at 112-114 West 14th Street, New York County. (CPLR 3212 [b].) Respondent alleges that the premises are an interim multiple dwelling (IMD) lacking a certificate of occupancy...

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