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SOUTHBRIDGE TOWERS v. FRYMER

4 Misc.3d 804 (2004)

781 N.Y.S.2d 207

SOUTHBRIDGE TOWERS, INC., Petitioner, v. JOSEPH FRYMER et al., Respondents.

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

July 27, 2004.

Attorney(s) appearing for the Case

Michael J. Berman & Associates, P.C., New York City, for Joseph Frymer, respondent.

Szold & Brandwen, P.C., New York City (Mia D. Falls, Dean M. Roberts, and Michael A. Valentine of counsel), for petitioner.

OPINION OF THE COURT

GERALD LEBOVITS, J.

Petitioner Southbridge Towers, Inc. commenced this holdover proceeding after terminating respondent Joseph Frymer's right to occupy the premises for alleged occupancy agreement violations. Respondent moves to dismiss preanswer. Petitioner opposes that motion and cross-moves for use and occupancy.

This is respondent's second preanswer motion to dismiss. In his first preanswer motion, respondent argued that...

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