PRANA GROWTH FUND I v. LAZALA


8 Misc.3d 667 (2005)

PRANA GROWTH FUND I, L.P., as Successor in Interest to 600 W. 161st STREET CORPORATION, Plaintiff, v. JOSE LAZALA et al., Defendants.

Supreme Court, New York County.

May 25, 2005.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Edwin Vega of counsel), for Jose Lazala, defendant.

Heiberger & Associates, New York City (Jamie Heiberger of counsel), for plaintiff.


OPINION OF THE COURT

BARBARA R. KAPNICK, J.

Plaintiff's complaint seeks a judgment of possession based on plaintiff's contention that defendant's tenancy is in violation of the certificate of occupancy and cannot be legalized.

Defendant contends that the apartment in which he has lived with his family since 1989 is located in a building consisting of more than five dwelling units and is thus protected by...

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