MADELINE D'ANTHONY ENTERPRISES, INC., PLAINTIFF, ZCAM LLC, plf-ap, v. ROBERT (ROBBIE) SOKOLOWSKY def-res

8181. MADELINE D'ANTHONY ENTERPRISES, INC., PLAINTIFF, ZCAM LLC, plf-ap, v. ROBERT (ROBBIE) SOKOLOWSKY def-res — Kossoff & Unger, New York (Joseph Goldsmith of counsel), for ap — Borah Goldstein Altschuler Nahins & Goidel PC, New York (Paul N. Gruber of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered May 19, 2011, which to the extent appealed from as limited by the briefs, granted defendants' cross motion for summary judgment on their first counterclaim and declared that the subject building is an interim multiple dwelling (IMD) pursuant to Section 281(5) of Article 7-C of the Multiple Dwelling Law and that defendant Robert Sokolowsky is a protected occupant, unanimously modified, on the law, to declare that Sokolowsky's unit is an IMD unit covered by §281(5), and that he is the protected occupant of the unit, and otherwise affirmed, without costs.

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8181. MADELINE D’ANTHONY ENTERPRISES, INC., PLAINTIFF, ZCAM LLC, plf-ap, v. ROBERT (ROBBIE) SOKOLOWSKY def-res — Kossoff & Unger, New York (Joseph Goldsmith of counsel), for ap — Borah Goldstein Altschuler Nahins & Goidel PC, New York (Paul N. Gruber of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered May 19, 2011, which to the extent appealed from as limited by the briefs, granted defendants’ cross motion for summary judgment on their first counterclaim and declared that the subject building is an interim multiple dwelling (IMD) pursuant to Section 281(5) of Article 7-C of the Multiple Dwelling Law and that defendant Robert Sokolowsky is a protected occupant, unanimously modified, on the law, to declare that Sokolowsky’s unit is an IMD unit covered by §281(5), and that he is the protected occupant of the unit, and otherwise affirmed, without costs.

Defendant Sokolowsky occupies a unit on the 5th floor of the building. His lease, effective September 1, 2007, states that the premises were to be used as an office and that he resided elsewhere.

MADELINE D'ANTHONY ENTERPRISES, INC., PLAINTIFF, ZCAM LLC, plf-ap, v. ROBERT (ROBBIE) SOKOLOWSKY def-res

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