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Midwood Cooperative Inc .v Stuart

Tenant Granted Stay of Holdover Pending Determination of NLRB Investigation

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of this Notice of Motion:PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION & AFFIDAVIT ANNEXED 1NOTICE OF CROSS MOTION AFFIDAVIT & AFFIRMATION ANNEXEDANSWER AFFIRMATION 2REPLYING AFFIRMATION & AFFIDAVIT 3EXHIBITSSTIPULATIONSOTHERDECISION/ORDER

*1 U pon the foregoing cited papers, the Decision/Order in this Notice Of Motion pursuant to CPLR §2201 is as follows:The Petitioner seeks possession of the cooperative unit at 1075 Ocean Parkway, apt. G. Brooklyn, N.Y., The Respondent was the superintendent of the property until he was terminated on June 6, 2017. On June 7, 2017 the Respondent filed a complaint with the National Labor Relations Board (hereafter NLRB) claiming that he was illegally terminated.1 On June 14, 2017 the NLRB informed the Respondent that they were investigating the charge and they assigned a docket number.2 The Petitioner has not rebutted the assertion that the NLRB has set a hearing date of November 21. 2017.The Respondent seeks a stay of this holdover proceeding, which seeks possession of the unit based upon the termination of employment, until the NLRB makes a determination on Respondent’s complaint. The Petitioner moves pursuant to CPLR §2201.The Petitioner opposes the Motion arguing that it would defeat the summary nature

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