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Decided on March 11, 2004
Civil Court Of The City Of New York, New York County

NDEX NO. 88508/2001
Green & Cohen, P.C., Attorney for petitioner, 319 East 91st Street, New York, New York 10704 212.831.4400 Richard Sussman, Esq., Attorney for respondent, 400 Madison Avenue, Suite 1100, New York, New York 10017 212.756.8602 Cyril K. Bedford, J.
Petitioner, Roxborough Apartments Corp, commenced this proceeding against respondent, Bruce Becker ("Respondent"), seeking possession of the four bedroom Apartment # 3-A located at 251 West 92nd Street, New York, New York 10025 ("Premises"). Petitioner terminated Respondent's tenancy on July 31, 2001 pursuant to a seven day notice of termination dated July 17, 2001, upon the allegation Respondent violated section 2525.7(b) of the Rent Stabilization Code ("RSC") in that he charged his roommates a rental amount which exceeded their proportional share of the legal monthly rent of $1,617.08.
At trial conducted on January 7, 2004 (Tape # 67097; Counter # 0 to 3332), the parties submitted a written stipulation (the "Stipulation") of admitted facts (Court's Exhibit "1") in which Respondent conceded most of the elements of Petitioner's prima facie case. Testimony was also taken of Respondent and Ms. Mary Sheridan of Miracle Maids. The matter was adjourned to January 21, 2004, when both sides submitted post trial briefs.
The issue for the Court to determine is, whether upon the facts presented Respondent violated RSC

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