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UNDERHILL EQUITIES v. CAMPBELL

97673/09.

30 Misc.3d 207 (2010)

910 N.Y.S.2d 641

UNDERHILL-WASHINGTON EQUITIES, LLC, Petitioner, v. PEARL CAMPBELL et al., Respondents.

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

Decided October 20, 2010.

Attorney(s) appearing for the Case

Karabelas & Papagianopoulos, LLP, Long Island City, for petitioner.

Wenig Saltiel LLP, Brooklyn ( Angelyn Johnson of counsel), for respondents.

OPINION OF THE COURT

GARY F. MARTON, J.

This is a holdover proceeding. The premises at issue are a rent-controlled apartment. Petitioner alleges that it may recover possession thereof because respondent Campbell does not occupy the same as her primary residence. Respondents joined issue and, among other things, deny the same. Now petitioner moves to strike defenses and for leave to take discovery, and respondents...

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