Opinion
570140/04.
Decided October 21, 2005.
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.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
Order dated March 18, 2003 (Kevin C. McClanahan, J.) affirm without costs.
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.