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233rd St. P'ship LP v. Alemais

Petitioner Entitled to Final Money Judgment, Possession; Respondents Denied Dismissal

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BACKGROUND

*1  This summary nonpayment proceeding was commenced by 233rd STREET PARTNERSHIP, L.P. (Petitioner) against UPTOWN SPORTS COMPLEX(USC) and ERNIES ALEMAIS(EA) (collectively “Respondents”) seeking to recover possession 170 West 233 Street — Sports Complex, Bronx, NY 10463 (Subject Premises).RELATED LITIGATIONThe court takes judicial notice of a prior summary nonpayment proceeding and a pending supreme court action related to the Subject Premises.233rd Street Partnership LP v. Ernies AlemaisIndex Number 303983/2016Petitioner commenced an action against EA in Supreme Court, Bronx County, pursuant to a summons and complaint dated December 11, 2016 (Ex G). Petitioner asserted six causes of action based on breach of lease by EA’s failure to pay water and sewer charges, real estate taxes, late fees, additional security, and attorneys’ fees.EA appeared by counsel and filed an answer dated April 17, 2017, asserting lack of personal jurisdiction, failure to name a necessary party and waiver.There does not appear to have been any further proceedings in said action.Index Number L & T 901326/15A prior summary nonpayment proceeding was commenced by Petitioner against EA and USC under Index Number 901326/15. The petition in said proceeding was dated July 30, 2015 and sought $42,945.28 in rent and additional rent through July 2015. EA appeared in said

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