*1 Upon the foregoing cited papers, the Decision and Order on this Motion are as follows: 517 West 212 St. LLC, the petitioner in this proceeding (“Petitioner”), commenced this holdover proceeding against Isaiah Musik-Ayala, the respondent in this proceeding (“Respondent”), seeking possession of 517 West 212th Street, Apt. 3C, New York New York (“the subject premises”) on the ground that Respondent’s lease expired and that no regulation requires Petitioner to renew Respondent’s lease. Respondent interposed an answer that, inter alia, alleged that the subject premises is subject to the Rent Stabilization Law. Petitioner now moves for summary judgment in its favor and to dismiss Respondent’s counterclaims. Respondent cross-moves for summary judgment dismissing the petition, awarding attorneys’ fees, or, alternatively, for relief to obtain discovery. The Court consolidates these motions for resolution herein.At the outset, Petitioner opposes Respondent’s motion on the basis that Respondent does not annex the pleadings to his motion. A motion for summary judgment “shall” be supported by, inter alia, a copy of the pleadings. CPLR §3212(b). Accordingly, a failure to annex pleadings to a summary judgment motion warrants its denial, Washington Realty Owners, LLC v. 260 Wash. St., LLC, 105 AD3d 675 (1st Dept. 2013), unless other parties annex copies of the pleadings to their motion papers. Serowik v. Leardon Boiler Works Inc., 129 AD3d 471, 472 (1st Dept. 2015). As Petitioner annexes the pleadings to its motion, the Court shall consider both summary judgment motions on their merits.The parties essentially dispute the rent regulatory status of the subject premises, with Petitioner claiming that the subject premises is unregulated and with Respondent claiming that the subject premises is subject to the Rent Stabilization Law. As the expiration of a lease
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