In this ejectment action based on the tenant's alleged violation of numerous material terms of a commercial lease, Special Term denied plaintiff's motion for summary judgment and, after searching the record, determined that the notice to cure was defective and could not serve as the basis for the subsequently served notice of cancellation. Accordingly, the court, sua sponte, granted summary judgment to the tenant pursuant to CPLR 3212 (subd [b]) and dismissed the complaint...
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