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BLDG MGT. CO. v. SCHWARTZ

3 Misc.3d 351 (2004)

773 N.Y.S.2d 242

BLDG MANAGEMENT CO. INC., Doing Business as BRISTOL MANAGEMENT CO., Petitioner, v. DAVE SCHWARTZ, as Executor of ROBERT MOONEY, Deceased, Respondent, et al., Respondent.

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

February 9, 2004.

Attorney(s) appearing for the Case

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

Lawrence P. Wolf, Chappaqua, for petitioner.

OPINION OF THE COURT

MICHELLE D. SCHREIBER, J.

Petitioner commenced this holdover proceeding against the executor of the estate of Robert Mooney claiming the estate illegally sublet or assigned the rent-stabilized subject premises to underrespondent Frank Garcia. Mr. Garcia is the only respondent who has appeared in the case. On October 9, 2002 he served a written answer in which he asserts succession rights to the subject premises as a nontraditional family...

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