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NICHOLS v. DRAKE

2 Misc.3d 902 (2004)

771 N.Y.S.2d 823

VICTORIA NICHOLS, as Agent for RANDALL WOOD, Petitioner, v. JUDY DRAKE, Respondent.

City Court of Hornell.

January 7, 2004.

Attorney(s) appearing for the Case

Southern Tier Legal Services (Philip J. Berkeley of counsel), for respondent.

Chauncey J. Watches for petitioner.

OPINION OF THE COURT

JOSEPH E. DAMRATH, J.

This is a summary proceeding brought pursuant to Real Property Actions and Proceedings Law § 711 (3) alleging nonpayment of rent.

The petition and notice of petition dated August 8, 2003 were filed on the third day of September 2003. Subsequently, the respondent filed a motion to dismiss alleging, inter alia, that tenant's rent is subsidized by the federal...

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