235 W 71 UNITS LLC, ETC., plf-res, v. MARIA ARIAS ZEBALLOS, def-ap, “JOHN DOE” def

14744. 235 W 71 UNITS LLC, ETC., plf-res, v. MARIA ARIAS ZEBALLOS, def-ap, "JOHN DOE" def — Housing Conservation Coordinators, Inc., New York (Stuart W. Lawrence of counsel), for ap — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered January 23, 2014, which denied defendant's motion to dismiss plaintiff's complaint seeking an order of ejectment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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14744. 235 W 71 UNITS LLC, ETC., plf-res, v. MARIA ARIAS ZEBALLOS, def-ap, “JOHN DOE” def — Housing Conservation Coordinators, Inc., New York (Stuart W. Lawrence of counsel), for ap — Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered January 23, 2014, which denied defendant’s motion to dismiss plaintiff’s complaint seeking an order of ejectment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

In June 2008, defendant, previously the tenant of an apartment subject to rent stabilization law, entered into a Relocation Agreement with the prior owner of the building pursuant to which she agreed to move out of her rent-regulated apartment and into a condominium apartment, in exchange for consideration and subject to certain conditions. The Relocation Agreement provided that defendant would be a “Free Market” tenant, but that “with respect to the percentage increase of rent only, Tenant’s percentage increase, shall be governed by the applicable laws governing Rent Stabilized tenants,” that her tenancy would continue for the duration of her life with no right of survivorship, and that her son could continue to reside in the apartment in her absence “provided Tenant maintains the Premises as her Primary Residence, as such term is defined in the Rent Stabilization Code and Law.” The parties also executed a lease which, inter alia, required defendant to use the apartment as her “primary residence.” The lease provides that, in the event of defendant’s default, the landlord is required to provide “written notice of default stating the type of default,” including specific periods for certain types of defaults and a catchall provision providing 10 days notice to cure for “[f]ailure to comply with any other term or Rule in the Lease [Agreement], 10 days.”

235 W 71 UNITS LLC, ETC., plf-res, v. MARIA ARIAS ZEBALLOS, def-ap, “JOHN DOE” def

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