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ZB PROSPECT REALTY v. OLENICK

Index No. 308104/20.

79 Misc.3d 592 (2023)

191 N.Y.S.3d 895

2023 NY Slip Op 23115

ZB PROSPECT REALTY, Petitioner, v. MIRIAM OLENICK et al., Respondents.

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

Decided April 24, 2023.

Attorney(s) appearing for the Case

Ellery Asher Ireland for respondents.

Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP (Jason Matthew Engelstein of counsel) for petitioner.

OPINION OF THE COURT

The question before the court is whether petitioner can avail itself of the statutorily created summary eviction remedy for nonpayment of rent (RPAPL 711[2]), when there is no lease in effect between the parties at the time the case is commenced, even if respondents paid rent after the expiration...

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