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46 DOWNING ST LLC v. THOMPSON

L & T 81450/2009

41 Misc.3d 1018 (2013)

976 N.Y.S.2d 761

2013 NY Slip Op 23340

46 DOWNING STREET LLC, Petitioner, v. OTTO THOMPSON, Respondent, et al., Respondent.

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

Decided October 7, 2013.

Attorney(s) appearing for the Case

MFY Legal Services Inc., New York City ( Tanya Kessler of counsel), for Otto Thompson, respondent.

Senior Counsel, New York City ( Louis H. Klein of counsel), for Tomoko Watabe, tenant in possession.

Simon Eisenberg & Baum LLP, New York City ( Brian Ullman of counsel), for petitioner.

OPINION OF THE COURT

SABRINA B. KRAUS, J.

Background

The underlying summary holdover proceeding was commenced by 46 Downing Street LLC against Otto Thompson, the rent control tenant of record, based on the allegation that respondent had sublet 46 Downing Street — apartment 1C, New York, New York 10014 — without permission, and in violation of section 226-b of the Real Property Law. At the time the proceeding was commenced, respondent...

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