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COSMOPOLITAN ASSOC v. FUENTES

11 Misc.3d 37 (2006)

812 N.Y.S.2d 738

COSMOPOLITAN ASSOCIATES, L.L.C., Appellant, v. MARIA FUENTES, Respondent.

Supreme Court, Appellate Term, Second Department.

January 9, 2006.

Attorney(s) appearing for the Case

Horing Welikson & Rosen, P.C., Williston Park (Niles C. Welikson of counsel), for appellant.

Queens Legal Services Corporation, Jamaica (Carl O. Callender and Antonette Lettman of counsel), for respondent.

Legal Aid Society (April A. Newbauer, Oda Friedheim and Josephine Flores, Kew Gardens, and Scott Rosenberg and Judith Goldiner, New York City, of counsel), amicus curiae.

PESCE, P.J., GOLIA and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed with $10 costs.

In this nonpayment proceeding, tenant moved to dismiss, claiming, amongst other things, that she is a recipient of section 8 assistance and that the rents sought consist solely of the section 8 portion of the rent. Landlord cross-moved for summary judgment, claiming that it had discontinued its participation in the section...

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