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Cambridge Leasing Prop. v. Ortega

Dismissal of Prior Non-Primary Residence Action Renders Golub Notice Stale in Instant Suit

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to grant summary judgment and dismissal and for further relief:Papers NumberedNotice of motion, affidavit and exhibits annexed               1Affirmation in Opposition    2Affirmation in Reply            3DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding seeking possession of 48-50 37th Street, Apt. 6B, Long Island City, NY 11101 (the “subject premises”). On or about February 8, 2016, petitioner served a notice of landlord’s intention to refuse to renew the lease (“Golub Notice”) based upon the nonprimary residence of the tenant of record, Martha Aquino Ortega. Respondent appeared by counsel and filed the instant motion to dismiss. Petitioner previously brought a non-primary residence case against respondent under Index Number 63243/16 (hereinafter referred to as “1st Proceeding”) using the same Golub Notice. That case was dismissed after a traverse hearing by order dated November 16, 2016. Petitioner then served respondent with a thirty-day notice dated January 24, 2017. Said notice refers to the Golub Notice, but no copy of the Golub Notice was attached to the thirty-day notice. In March 2017, petitioner commenced another non-primary residence case against respondent under Index Number 57047/17 (“2nd Proceeding”). That case was discontinued without

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