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167 N. NINTH ST. v. HELFAND

67409/11

33 Misc.3d 518 (2011)

928 N.Y.S.2d 922

2011 NY Slip Op 21307

167 NORTH NINTH STREET CORP., Petitioner, v. LAWRENCE HELFAND et al., Respondents.

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

August 31, 2011.

Attorney(s) appearing for the Case

David E. Frazer , New York City, for respondents. Belkin Burden Wenig & Goldman, LLP, New York City, for petitioner.

OPINION OF THE COURT

GARY F. MARTON, J.

This is a holdover proceeding. Petitioner alleges that respondent occupied the premises as a licensee, that the license has been terminated, and that petitioner may recover possession of the premises. Before answering, respondent moved to dismiss on the ground that the pleadings do not state a cause of action.1 By a decision and order the court invoked CPLR 3211 (c), notified the parties...

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