In this action for a declaratory judgment determining the right to possession of a rent-stabilized apartment, plaintiff served and filed its summons and complaint, predicated on an untimely notice of intent not to renew the lease on the ground that the subject premises are not utilized by the tenant as her primary residence. The notice was served prior to 150 days before the expiration of the lease, in contravention of Rent Stabilization Code (9 NYCRR) § 2524.2 (c) ...
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