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Stephenson v. Turner

Predicate Notice Terminating Tenancy Defective Requiring Dismissal of Holdover Proceeding

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Camille Stephenson, Petitioner v. Elijah Turner, Melissa Turner, Elisha Rosetta Turner1, Respondents (Tenants) ”John Doe” and “Jane Doe”, Respondents (Undertenants)Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to dismiss and for further relief as well as a cross-motion seeking a default possessory and monetary judgment and for further relief:Papers NumberedNotice of motion, affidavit and exhibits annexed               1Affirmation in Opposition    2Notice of motion2 3DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding seeking possession of 141-18 250th Street, 1st Floor, Rosedale, NY 11422 (the “subject premises”) after having allegedly terminated respondents’ unregulated monthly tenancy. Respondent appeared by counsel and moves to dismiss pursuant to CPLR 3211(a)(7) and/or (8) because the petitioner failed to list a proper termination date in the notice of termination. The Notice of Motion page states “pursuant to CPLR 3211(a)(7) and/or (8)”; while the Chan Affirmation in Support states it is “pursuant to CPLR 3211(a)(1), (2) and/or (7).” Since the respondent’s argument is based upon documentary evidence, the court deems the motion pursuant to CPLR 3211(a)(1).*2

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