[*1]
Cambridge Dev., LLC v Crane
2005 NY Slip Op 51708(U) [9 Misc 3d 136(A)]
Decided on October 21, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570140/04

Cambridge Development, LLC, Petitioner-Landlord- Cross-Appellant,

against

Peter Crane, Respondent-Tenant-Appellant. STOVER JENKINS a/k/a ALBERT STOVER JENKINS, "JOHN DOE" and/or "JANE DOE", Respondents-Undertenants- Appellants.


Respondents Peter Crane and Stover Jenkins appeal from so much of an order of the Civil Court, New York County, dated March 18, 2003 (Kevin C. McClanahan, J.) as granted petitioner's motion to strike the third affirmative defense and for leave to conduct disclosure of respondents in a holdover summary proceeding. Petitioner cross-appeals from so much of the same order as denied its motion to strike the fourth and fifth affirmative defenses.


PER CURIAM:

Order dated March 18, 2003 (Kevin C. McClanahan, J.) affirm without costs. [*2]

Inasmuch as issues exist as to the nature and circumstances of respondent Jenkins' occupancy of the subject hotel unit and whether he qualifies as a permanent tenant under Rent Stabilization Code § 2520.6(j), we sustain the denial of petitioner's motion to strike respondents' fourth and fifth affirmative defenses.

This constitutes the decision and order of the Court.
Decision Date: October 21, 2005