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Decided on January 25, 2006
Civil Court of the City of New York, New York County

99968/05
For petitioner: Nancy J. Silver, Esq. Silver & Silver LLP 500 Fifth Avenue New York, NY 10110 212-768-7060 For respondents:
Steven J. Cohen, Esq.
Wachtel & Masyr, LLP
110 East 59th Street
New York, NY 10022
212-909-9500
Barbara Jaffe, J.
By order to show cause dated November 8, 2005, petitioner moves for an order granting it summary judgment on its petition and awarding and restoring to it immediate possession of the premises from respondents, and awarding it damages resulting from its wrongful eviction from the premises. Respondents oppose the motion, and move pursuant to CPLR 3211(a)(2), (3), (7), and (8) for an order dismissing the petition. By notice of motion dated December 22, 2005, petitioner moves for an order granting it leave to amend the petition to add Gordon Gooch as a necessary party to the petition. Respondents oppose the motion. For the following reasons, the motion to amend is granted, the motion for summary judgment on the petition is granted, and respondents' cross-motion to dismiss is denied.
I. UNDISPUTED FACTS
Since July 2004, petitioner occupies the premises known as and located at 515 Greenwich Street, No.502 (a/k/a 315 Spring Street, #502), New York, New York. (Affidavit of Gordon Gooch, dated Nov. 8, 2005 [Gooch Affid.],

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