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CLINTON REALTY v. BEAZER

195 Misc.2d 786 (2003)

762 N.Y.S.2d 229

CLINTON REALTY, LLC, Petitioner, v. TINA BEAZER, Respondent.

District Court of Nassau County, First District.

May 6, 2003.

Attorney(s) appearing for the Case

William D. Friedman for respondent.

Ezratty, Ezratty & Levine for petitioner.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

Respondent Tina Beazer has moved this court to dismiss petitioner's nonpayment proceeding pursuant to CPLR 3211 (a) (1) and (7) and RPAPL 741 because the rent being sought by landlord is illegal under the scheme of the Emergency Tenant Protection Act and its regulations.

Petitioner has commenced this nonpayment proceeding to recover $5,170.60 rent due from the tenant concerning 23B Jackson Court, Hempstead...

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