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235 W. 71 ST. v. CHECHAK

4 Misc.3d 114 (2004)

782 N.Y.S.2d 498

235 WEST 71 STREET LLC, Appellant, v. ERIC CHECHAK et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 21, 2004.

Attorney(s) appearing for the Case

Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York City (Bruce H. Wiener and Glenn H. Spiegel of counsel), for appellant.

Kellner, Chehebar & Deveney, New York City (Carol Anne Herlihy of counsel), for Eric Chechak and another, respondents.

DAVIS and SCHOENFELD, JJ., concur; McCOOE, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order dated July 11, 2003 affirmed, with $10 costs.

Civil Court correctly granted tenant's motion for summary judgment, since there was no material issue that the occupancy of his mother, Elinore Chechak, rose to the level of an unlawful "assignment," as opposed to a permissible presence by an immediate family member. Elinore Chechak has long-term ties to the apartment, having commenced occupancy as the tenant of...

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