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BRULLO v. MYERS

11 Misc.3d 26 (2006)

812 N.Y.S.2d 733

JOHN BRULLO, Respondent, v. GENE MYERS, Appellant.

Supreme Court, Appellate Term, First Department.

February 3, 2006.

Attorney(s) appearing for the Case

Gene Myers, appellant pro se.

Cornicello & Tendler, LLP, New York City (Susan Baumel-Cornicello and David B. Tendler of counsel), for respondent.

SUAREZ, P.J., DAVIS and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated March 3, 2004 affirmed, without costs.

The petition in this nonprimary residence holdover proceeding alleges that the subject premises, located at 248 Elizabeth Street, Manhattan, is subject to rent control. Tenant, while conceding the bona fides of landlord's substantive nonprimary residence claim, asserted at trial that the storefront unit is not a "housing...

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