CENPARK REALTY LLC v. GURIN

12783N, 105170/11.

118 A.D.3d 553 (2014)

987 N.Y.S.2d 155

2014 NY Slip Op 4439

CENPARK REALTY LLC, Respondent, v. ELLIE GURIN, Defendant, and ADINA MARMELSTEIN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 17, 2014.


In this action for eviction and other relief, plaintiff failed to meet its burden of showing that Marmelstein's ninth affirmative defense is barred by the statute of limitations. Marmelstein's sister, defendant Gurin, entered into a lease in December 1989 that was renewed through February 1998. Marmelstein asserted her claim to succession rights pursuant to Rent Stabilization Code (RSC) (9 NYCRR) § 2523.5 (b) (1), in the context of a holdover proceeding commenced in...

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