Underhill-Washington Equities, LLC v. Campbell

OPINION OF THE COURT

Gary F. Marton, J.

*208This is a holdover proceeding. The premises at issue are a rent-controlled apartment. Petitioner alleges that it may recover possession thereof because respondent Campbell does not occupy the same as her primary residence. Respondents joined issue and, among other things, deny the same. Now petitioner moves to strike defenses and for leave to take discovery, and respondents cross-move for summary judgment. As set out below, the motion is denied, the cross motion is granted, and the proceeding is dismissed. Upon service of a copy of this decision/order…