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Decided on January 25, 2008
Civil Court of the City of New York, New York County

86254/05

Petitioner's counsel
Steven Raison, Esq.
220 Fifth Avenue - 17th Flr.,
New York, New York 10001

(212) 213-5575 Respondents' counsel 500 Fifth Avenue - Suite 800
New York, New York 10110
(212) 302-6500
Gary F. Marton, J.
This is a holdover proceeding. The premises at issue is a rent-stabilized apartment. Petitioner alleges that it is the landlord, that the tenant of record died, and that the respondents do not have a right to possession. By counsel, respondents interposed an answer but only respondent Rebekah Kennedy ("respondent") claims a right to possession. She asserts that the tenant of record was her mother, that they lived together at the premises for the two years immediately preceding her mother's death, and therefore that pursuant to the Rent Stabilization Code she has a right to succeed to her mother's tenancy. Now petitioner moves for summary judgment and other relief. As set out below, the motion is granted, a judgment of possession shall be entered in favor of petitioner and a warrant may issue forthwith, but such issuance shall be without prejudice to any application for relief under RPAPL

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New York Law