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Roosevelt Terr. Coop. Inc. v. Lotz

Failure to Cite Specific Lease Provision Violated Renders Notice to Cure Fatally Defective

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of the submitted motion.Papers NumberedPetition and Notice of Petition 1Notice of Motion 2Affirmation in Opposition 3DECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order of this Motion is as follows:Petitioner Roosevelt Terrace Cooperative, Inc., commenced the instant summary holdover proceeding against respondent Roseanne Lotz, alleging that respondent created a public nuisance by allegedly smoking cigarettes inside the subject premises, 35-50 85th Street, Apartment 1, Jackson Heights, New York, allowing cigarette smoke to emanate from the subject premises, and that the alleged cigarette smoke entered into neighboring apartments. Additionally, the Notice to Cure states that “second-hand cigarette smoke is a known health hazard” and that the alleged

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