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530 SECOND ST CO v. ALIRKAN

2011-2463 KC.

37 Misc.3d 52 (2012)

954 N.Y.S.2d 400

2012 NY Slip Op 22246

530 SECOND STREET CO., L.P., Respondent, v. MIRYAM ALIRKAN, Appellant.

Supreme Court, Appellate Term, Second Department.

August 31, 2012.

Attorney(s) appearing for the Case

Collins, Dobkin & Miller, LLP, New York City ( W. Miller Hall of counsel), for appellant. Rappaport, Hertz, Cherson & Rosenthal, P.C., Forest Hills ( David I. Paul of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Landlord commenced this summary proceeding pursuant to RPAPL 713 (11), alleging that the subject apartment was exempt from rent stabilization because it had been used as an apartment for the building superintendent or an employee, that occupant was landlord...

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