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ACQUISITION AM. v. DIAZ

062530/08.

2008 NY Slip Op 51647 (U)

ACQUISITION AMERICA, Petitioner, v. JULIO DIAZ and GISELA DIAZ, Respondents.

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

Decided August 1, 2008.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, New York City (Stephen C. Shulman of counsel), for petitioner.

Movant Andres Diaz pro se.

GERALD LEBOVITS, J.

The issue in this nonpayment proceeding is whether Andres Diaz, respondents' son and the record tenants, may assert a succession claim to obtain tenancy rights, despite his parents' failure to answer the petition or to appear on any court date. If Diaz has tenancy rights, the Department of Social Services (DSS) will pay his arrears; he has multiple sclerosis and is disabled. If he cannot claim succession, he might be evicted regardless of his colorably...

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