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BERGEN BRICK LLC v. WHINFIELD

Nos. 54405/2011, 54406/2011, 54404/2011

32 Misc.3d 614 (2011)

928 N.Y.S.2d 190

2011 NY Slip Op 21216

BERGEN BRICK LLC, Petitioner, v. ANGELA WHINFIELD, Respondent.

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

Decided June 8, 2011.

Attorney(s) appearing for the Case

Bedford Stuyvesant Community Legal Services Corporation, Brooklyn ( Victor Olds of counsel), for respondent.

Law Office of Brian Stark, Bronx ( Jeffrey M. Hulbert of counsel), for petitioner.

OPINION OF THE COURT

PHYLLIS K. SAXE, J.

The respondent tenant has moved to amend her answer in this summary nonpayment proceeding, seeking dismissal of the petition pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, or, in the alternative, granting summary judgment (CPLR 3212), and for an order dismissing rent claims for the period prior to January 2011. The landlord opposes the application.

It appears that the respondent tenant...

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