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MEKLER v. CITY OF NEW YORK

9993/2006.

2008 NY Slip Op 51656 (U)

EFIM MEKLER, Plaintiff v. THE CITY OF NEW YORK, Defendants.

Supreme Court of the State of New York, Kings County.

Decided August 4, 2008.

Attorney(s) appearing for the Case

The plaintiff is represented by the law firm of Cohen, Hurkin, Ehrenfeld, Pomerantz & Tenenbaum, LLP, by Bruce M. Scheiner, Esq., of counsel.

The defendant is represented by Michael A. Cardozo, Esq., Corporation Counsel of the City of New York, by Steven D. Weber, Esq., of counsel.

ROBERT J. MILLER, J.

The City of New York ("City") moves pursuant to CPLR §3211(a)(7) to dismiss the plaintiff's complaint on the grounds that it fails to state a cause of action.

In this action, plaintiff Efim Mekler ("Mekler") is the owner of property located at 1733 East 14th Street, Brooklyn, New York. A tenant in the apartment, Ira Oransky ("Oransky") located at the address was not paying his rent and plaintiff on August 26, 2002, brought a non-payment...

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