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475 Kent Owner LLC v. Samarskaya

Owner May Recover Rent or Use and Occupancy for Compliance With MDL §284(1)

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Recitation as required by CPLR 2219(a), of the papers considered in the review of the petitioner’s motion for discovery and use and occupancy and respondent’s cross motion for partial summary judgment on petitioner’s claim for use and occupancy.Papers NumberedNotice of Motion, Affirmation & Affidavit           1Notice of Cross Motion, Affidavit, Affirmation & Memorandum of Law             2Affirmation & Affidavit in Further Support of Motion and in Opposition to Cross Motion   3DECISION AND ORDER

*1 Upon the foregoing cited papers, the Decision/Order of this Court on these consolidated motions is as follows:This is a holdover proceeding brought against the respondent based on a serious violation of a substantial obligation of her tenancy. Specifically, some of the allegations in the thirty day notice of termination are that respondent permitted the premises to be used for short term transient occupancy and unauthorized sublet. The basis for termination is pursuant to the New York City Loft Law. 29 RCNY §2-08.1(a); 29 RCNY §2-08.1(a) (2); 29 RCNY §2-08.1(a) (3);

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