GERALD LEBOVITS, J.
This is a summary nonpayment proceeding. Respondent is the record tenant of 360-362 Broadway, 4th Floor South, in New York County.
Respondent moves for summary judgment under CPLR 3212 to dismiss the petition. Respondent argues that paragraph 10 of the petition misdescribes the subject premises as being exempt from the Rent Stabilization Law and Code's protections. Paragraph 10 of the petition alleges that "[t]his apartment is exempt from...
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