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CARROLL ST. PROPS. v. PUENTE

4 Misc.3d 896 (2004)

781 N.Y.S.2d 185

CARROLL STREET PROPERTIES, Petitioner, v. JOHN PUENTE et al., Respondents.

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

June 14, 2004.

Attorney(s) appearing for the Case

South Brooklyn Legal Services, Brooklyn (Hanna Fox of counsel), for respondents.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Harriet Polinsky of counsel), for petitioner.

OPINION OF THE COURT

GEORGE M. HEYMANN, J.

Petitioner commenced this holdover proceeding on the ground that the respondents violated a substantial obligation of their lease by using their apartment for commercial purposes, i.e., running a baby-sitting service.

Respondents have moved this court pursuant to CPLR 3211 (a) (7) for an order dismissing the complaint for failure to state a cause of action.

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