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HYATT AVE. ASSOC. v. RAHMAN

2014-428 Q C

49 Misc.3d 24 (2015)

17 N.Y.S.3d 579

2015 NY Slip Op 25253

HYATT AVE. ASSOCIATES, LLC, Respondent, v. SHAFIQ UR RAHMAN, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 27, 2015.

Attorney(s) appearing for the Case

Martin L. Brothers , North Salem, for appellant.

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park ( Arianna Gonzalez-Abreu of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is affirmed, without costs.

Landlord commenced this holdover proceeding to recover possession of tenant's rent-stabilized apartment on the ground that tenant did not occupy the apartment as his primary residence as required by Rent Stabilization Code (RSC) (9 NYCRR) § 2524.4 (c). After discovery practice, tenant moved for summary judgment dismissing the petition, and landlord cross...

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