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711-713 W. 180 Holding LP v. Sanchez

Dismissal of Holdover Action Granted for Commencement of Nonpayment Suit Thereafter

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of this Motion:Papers NumberedNotice of Motion and Affidavits Annexed           1Notice of Cross-Motion and Affidivits Annexed  2Reply Affirmation and Opposition to Cross-Motion            3Reply Affirmation in Support of Cross-Motion    4OtherDECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:Relevant Procedural HistoryIn this summary holdover proceeding, petitioner served Nestor Sanchez (“respondent”) with a Notice of Non-Renewal (“Notice”) dated September 26, 2016 which states that “the landlord does not intend to renew your lease for the Apartment which expires on December 31, 2016.” The Notice alleges that respondent does not reside at 711-713 West 180th Street, Apartment #32, New York, New York as his primary residence. Thereafter, petitioner served respondent with a Notice of Petition and Petition for this proceeding which was returnable on January 26, 2017.

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