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Hunts Pt. Hous. Dev. Fund COrp. v. Castillo

Questions Exist on Tenants Alleged Lease Breach for Harboring Dog Barring Summary Judgment

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of this Motion _ by Respondent to dismissPapers NumberedNotice of Motion and Affidavits AnnexedNotice of cross-motion and Affidavits AnnexedAnswering AffidavitsReplying AffidavitsExhibitsMemoranda of lawDECISION/ORDER

*1 Petitioner commenced this summary holdover proceeding seeking possession of the subject premises on the grounds that Respondent was harboring a pitbull, constituting a breach of a substantial obligation of the lease. Petitioner also alleges that Respondent’s pitbull roams the building’s hallways unattended and urinates and defecates in the hallways, constituting a nuisance.Respondent moves for summary judgment, pursuant to CPLR 3212(e), seeking dismissal on Respondent’s first affirmative defense that Petitioner failed to serve Respondent with a termination notice in compliance with the HUD Handbook. Respondent also moves for summary judgment,

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