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188-90 EIGHTH AVE. v. GUZMAN

23 Misc.3d 1034 (2009)

874 N.Y.S.2d 780

188-90 EIGHTH AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Petitioner, v. MARIA GUZMAN et al., Respondents.

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

February 24, 2009.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City (Jerry A. Weiss of counsel), for petitioner.

Daniel S. LoPresti, New York City, for respondents.

OPINION OF THE COURT

JOSEPH E. CAPELLA, J.

The petitioner commenced this holdover proceeding on the premise that the respondent is a month-to-month tenant not subject to any rent regulation. The respondent interposed an answer alleging, inter alia, that she is either the owner of the cooperative shares for the subject unit or, alternatively, the rent-controlled tenant. The petitioner now moves to strike...

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