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MURPHY v. CARTER

15 Misc.3d 75 (2007)

836 N.Y.S.2d 750

STEPHEN MURPHY et al., Respondents, v. ERNEST W. CARTER III, Appellant, and SIMON SHEPPARD et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 30, 2007.

Attorney(s) appearing for the Case

Legal Services, New York City (Gerald B. Liu of counsel), for appellant.

Rizpah A. Morrow, New York City, for Stephen Murphy and another, respondents.

McKEON, P.J., and SCHOENFELD, J., concur; McCOOE, J., dissents in part in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order, entered May 26, 2005, reversed, without costs, landlords' motion denied and matter remanded for further proceedings.

This summary eviction proceeding, premised upon allegations that tenant overcharged a roommate (respondent Sheppard) in violation of Rent Stabilization Code (9 NYCRR) § 2525.7, is not ripe for summary disposition. Even assuming for purposes...

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