A landlord commenced an action for ejectment, a declaratory judgment and injunctive relief. The landlord moved pursuant to CPLR 3211(b) to strike the defendant tenant’s affirmative defenses and for summary judgment on its claims seeking ejectment, a money judgment for use and occupancy (U&O) and for attorney fees and to dismiss the defendant’s counterclaims.

The court, inter alia, dismissed several of the landlord’s claims, “without prejudice to the (landlord’s) commencement of a holdover proceeding or proceeding to obtain possession in the Housing Division of the Civil Court, after providing the (tenant) with a 90-day notice of nonrenewal pursuant to Real Property Law §226-c.” The court dismissed all of the landlord’s affirmative defense, except for failure to state a cause of action and waiver.

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