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BERKOVICH v. MOSTOVAYA

22 Misc.3d 91 (2009)

MENDEL BERKOVICH, Respondent, v. SVETLANA MOSTOVAYA, Also Known as SVETA MOSTOVAYA, et al., Appellants.

Appellate Term of the Supreme Court of New York, Second Department.

February 10, 2009.

Attorney(s) appearing for the Case

Morris Markowitz, Brooklyn, for appellants.

GOLIA, J.P., RIOS and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order modified by providing that the branches of the motion by plaintiff seeking summary judgment on his cause of action and the dismissal of defendants' counterclaim for the recovery of excess rents paid are denied; as so modified, affirmed without costs.

Plaintiff is a proprietary leaseholder of an apartment which, according to plaintiff's proprietary lease and stock...

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