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Mucciarone v. El Sayed

Notice of Termination Tracking Statutory Language Insufficient Owner's Use Holdover Denied

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Recitation, as required by CPLR 2219(a)Notice of Motion and Affidavits Annexed           1Order to Show Cause and Affidavits Annexed    0Answering Affidavits           2Replying Affidavits             3Exhibits 4Stipulations 1Other  0Decision and Order

*1 Petitioner commenced this owner’s use holdover seeking possession of Apartment 3R at 6905 13th Avenue, Brooklyn, New York (“Apartment”) by service of the Notice to Quit/Refusal to Renew Lease (“Notice”) and Notice of Petition and Petition.The proceeding first appeared on the court’s calendar on May 8, 2017. Respondent appeared by counsel. Petitioner failed to appear and the proceeding was dismissed. Subsequently, petitioner moved to vacate the dismissal alleging law office failure. Respondent crossed moved seeking dismissal based on the allegation that petitioner failed to serve a predicate notice. By Decision/Order dated July 25, 2017, this court granted petitioner’s motion to restore, denied respondent’s motion to dismiss and restored proceeding to court’s calendar on August 31, 2017 for all purposes. On the return date, respondent appeared by CAMBA Legal Services who substituted

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