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Marjosh Mgmt. Corp. v. Aulicino

'Pullman' Holdover Proceeding Dismissed; Co-Op Board Failed to Comply With Proprietary Lea

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Recitation, as required by CPLR §2219(A), of the papers considered in the review of this Notice of Motion:PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION & AFFIDAVIT ANNEXED   1ORDER TO SHOW CAUSE AND AFFIRMATION ANNEXED ANSWER AFFIRMATION      2REPLYING AFFIRMATION   3EXHIBITSSTIPULATIONSOTHER SUR-REPLY           4DECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order in this Notice Of Motion pursuant to CPLR §3211(a) is as follows:The Petitioner commenced this holdover proceeding seeking possession of the cooperative unit 3P. at 300 8th Avenue, Brooklyn. The Petition alleges that the tenancy was terminated on August 27. 2017 as the result of a vote by the Board of Directors resolution which canceled the Respondent’s tenancy. The Board’s vote was based upon allegations by other stock holders that the Respondent was engaging in objectionable conduct.The Respondent moves by Notice of Motion pursuant to CPLR §3211(a). The Motion seeks dismissal based upon several theories. The Respondent claims that the Board of Directors failed to comply with the proprietary lease requirements requiring written notice of the objectionable conduct prior to the Board vote and that the conduct continued after the notice. Additionally, he claims that the notices were vague and ambiguous. The Respondent further argues that the Petitioner failed to comply with the terms of the proprietary lease in serving the termination notice. Lastly, the Motion argues that this Court is not bound by a vote of the Board of Directors to terminate a tenancy.

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