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RIVERBAY CORP. v. CARREY

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29 Misc.3d 855 (2010)

906 N.Y.S.2d 744

RIVERBAY CORPORATION, Petitioner, v. VERONICA CARREY et al., Respondents.

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

Decided August 20, 2010.

Attorney(s) appearing for the Case

Lazarus, Lazarus & Winston, Bronx, for petitioner.

Veronica Carrey , respondent pro se.

Russell Grant , respondent pro se. Vanessa Grant , respondent pro se.

OPINION OF THE COURT

SABRINA B. KRAUS, J.

Background

These summary nonpayment proceedings were commenced by Riverbay Corporation (petitioner). In both cases the issue as to whether surcharges constitute rent and are properly sought in a proceeding brought pursuant to RPAPL 711 (2) arose during the course of the proceeding. As the two proceedings contain this common issue, the pending motions are consolidated for disposition herein.

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