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235 WEST 71 STREET LLC v. CHECHAK

16 A.D.3d 242 (2005)

790 N.Y.S.2d 871

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

Appellate Division of the Supreme Court of the State of New York, First Department.

March 22, 2005

Petitioner failed to come forward with evidence of an unlawful assignment in opposition to respondents' factual showing on their motion. The only evidence proffered by petitioner was that the apartment may not be tenant Erik Chechak's primary residence. The proper procedure for terminating this tenancy was not initiated. The petition was thus properly dismissed (see PLWJ Realty v Gonzalez, 285 A.D.2d 370 [2001], lv dismissed<...

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