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METRO INS/ANNUITY v. ROWINSKI

8 Misc.3d 477 (2004)

METROPOLITAN INSURANCE/ANNUITY CO., Petitioner, v. THOMAS ROWINSKI et al., Respondents.

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

November 3, 2004.

Attorney(s) appearing for the Case

Vernon & Ginsburg, LLP (Yoram Silagy of counsel), for Thomas Rowinski, respondent.

Belkin Burden Wenig & Goldman LLP (David M. Skaller of counsel), for petitioner.

OPINION OF THE COURT

SHELDON HALPRIN, J.

Respondent moves for an order dismissing this holdover proceeding pursuant to CPLR 3211 (a) (1), (2) and (7) and CPLR 409 (b). Specifically respondent alleges that the petitioner accepted rent for August 2004, a period subsequent to the termination date and prior to the commencement of the proceeding.

The notice of nonrenewal based on the claim of nonprimary residence...

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