This is a summary proceeding to recover real property pursuant to RPAPL 713 (7). Respondent now moves to dismiss the petition on the grounds that it is jurisdictionally defective and/or that a defense precluding the proceeding is founded upon documentary evidence.
RPAPL 713 (7) provides for summary proceedings in certain non-landlord-tenant situations where a 10-day notice to quit has been served in accordance with RPAPL 735...
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