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PCV ST OWNER LP v. SHELLEY

086099/06.

2008 NY Slip Op 51621 (U)

PCV ST OWNER LP, Petitioner, v. JAMES SHELLEY, SALLY SHELLEY and WARD SHELLEY, Respondents.

Civil Court of the City of New York, New York County.

Decided July 22, 2008.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, New York City (David M. Skaller of counsel), for petitioner.

Sperber Denenberg & Kahan, P.C., New York City (Steven B. Sperber of counsel), for respondents.

GERALD LEBOVITS, J.

In this nonprimary residence proceeding, petitioner, PCV St Owner LP, alleges that James M. Shelley and the late Sally S. Shelley no longer reside at the subject premises, Apartment 11G located at 510 East 23rd Street in New York County. Both petitioner and respondent agree that Sally Shelley, Ward Shelley's stepmother, is deceased. Ward M. Shelley, James Shelley's son, interposes a claim for succession rights to the subject premises.

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