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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to grant leave to conduct discovery and cross motion to dismiss.Papers NumberedPetition and Notice of Petition            1Notice of Appearance and Verified Answer         2Notice of Motion  3Notice of Cross-Motion       4Affirmation in Opposition    5Affirmation in Reply            6DECISION/ORDER

  Upon the foregoing cited papers, the Decision/Order of this Motion is as follows: Petitioner commenced the instant summary holdover proceeding to recover possession of the subject premises, 98-30 57th Avenue, Apartment 8B, Corona, New York, from respondent. The apartment is subject to rent stabilization and respondent has occupied the apartment since January 2017. The Notice of Termination (hereinafter “the Notice”) alleges that respondents committed or permitted a nuisance. The Notice states that respondents “are maliciously or by

 
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