Sinclair Sec., LLC v Kudatsky (2019 NY Slip Op 51019(U))
[*1]
Sinclair Sec., LLC v Kudatsky
2019 NY Slip Op 51019(U) [64 Misc 3d 1205(A)]
Decided on June 21, 2019
District Court Of Nassau County, First District
Fairgrieve, J.
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 June 21, 2019
District Court of Nassau County, First District
Sinclair Securities,
LLC, Petitioner(s),
against
Karla Kudatsky, "JOHN DOE," "JANE DOE,"
Respondent(s).
LT-000231-19NA
Moritt Hock & Hamroff, LLP, attorneys for Respondent
Rosenberg
Fortuna & Laitman, LLP, attorneys for Petitioner
Scott Fairgrieve, J.
The following named papers numbered 1 to 5 submitted on Respondent's Motion for
Summary Judgment and Other Relief,
and Petitioner's Motion for Leave to Conduct Discovery on May 24, 2019
papers numbered
Respondent's Motion for Summary Judgment & Other Relief 1
Petitioner's Opposition to Motion for Summary Judgment 2
Respondent's Reply Papers to
Motion for Summary Judgment 3
Petitioner's Motion for Leave to Conduct Discovery 4
Respondent's Opposition to Motion for Leave to Conduct Discovery 5
Issues Presented
Respondent moves for summary
judgment, which is opposed by Petitioner. Petitioner moves for leave to conduct discovery,
which is opposed by Respondent.
Petitioner commenced this summary holdover proceeding against Respondent Karla
Kudatsky concerning the premises located at 140 S. Middle Neck Road, Apt. 2G, Great Neck,
New York. The basis of the proceeding is that Respondent is occupying the premises as her
nonprimary residence, in violation of the Emergency Tenant Protection Act of 1974 (specifically,