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BIANCO v. SCIAULINO

No. L & T 72071/09

26 Misc.3d 780 (2009)

2009 NY Slip Op 29489

GEORGE BIANCO, Petitioner, v. ANDREW C. SCIAULINO et al., Respondents.

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

Decided November 9, 2009.

Attorney(s) appearing for the Case

Collins, Dobkin & Miller, LLP, New York City (Seth A. Miller of counsel), for respondents.

Cornicello & Tendler, LLP, New York City (Jay H. Berg of counsel), for petitioner.

OPINION OF THE COURT

JOSEPH E. CAPELLA, J.

According to the predicate notice, the petitioner commenced this "owner use" holdover proceeding (9 NYCRR 2524.4 [a]) to recover possession of the respondent's rent-stabilized apartment, as part of a broader effort to convert the nine apartments in the subject building into a single family home for his family. In a pre-answer motion to dismiss, the respondent tenant, Andrew C. Sciaulino, alleges that the proceeding...

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