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Christ Pentacostal Temple v. Copeland

Confusing, Ambiguous Predicate Defective and Not Subject to Cure; Holdover Dismissed

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion for dismissal and for further relief:Papers NumberedNotice of motion and affidavits annexed 1Order to Show Cause and affidavits annexed Answering affidavits 2Replying affirmation 3Supplemental affirmationExhibitsStipulationsOtherDECISION/ORDER AFTER ARGUMENT

*1 Petitioner commenced this summary holdover proceeding pursuant to RPAPL Sec. 713(7) after having allegedly terminated respondents’ occupancy in 157-03 Brickenhoff Avenue, Apt. 1 Floor, Jamaica, NY 11433 (the “subject premises”). Respondent appeared by counsel and moves for dismissal (CPLR 3211(a)(2) and/or (7) or alternatively, leave to serve an amended answer (CPLR 3025) and summary judgment (CPLR 3212), based upon the defenses raised in that amended answer. “(O)n a motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and

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