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Fontana LLC v. Martinez-Bautista

Predicate Notices Insufficient Regarding Nuisance Allegations, Dismisses Holdover Action

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to dismiss:Papers NumberedNotice of motion, affidavit and exhibits annexed               1Affirmation in Opposition    2Reply affirmation 3DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding in October 2017 seeking possession of premises located at 28-18 38th Avenue, Apartment 10, Astoria, New York 11101 (the “subject premises”) pursuant to Rent Stabilization Code (“RSC”) §2524.3(a), §2524.3(b) and §2525.6. Petitioner served respondent with a Notice to Cure dated July 26, 2017 alleging that respondent was: 1) illegally subletting the subject premises in violation of the lease; 2) refusing to provide access for repairs; and 3) committing a nuisance. Petitioner served respondent with a Ten Day Notice of Termination dated August 21, 2017. Respondent appeared by counsel and filed a motion to dismiss this proceeding pursuant to CPLR §3211(a)(7) alleging that the petitioner fails to state a cause of action.*2

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