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GLENBRIAR CO. v. NESBITT

174 Misc.2d 547 (1997)

665 N.Y.S.2d 1014

Glenbriar Company, Petitioner, v. Richard Nesbitt et al., Respondents.

Civil Court of the City of New York, Bronx County.

October 17, 1997

Attorney(s) appearing for the Case

Mark D. Lazarus, Bronx, for respondents. Mitofsky & Shapiro, New York City (Matthew J. Nolfo of counsel), for petitioner.

GEORGE M. HEYMANN, J.

Petitioner commenced this holdover proceeding on the ground that the respondents are not residing in the subject premises as their primary residence. Respondents moved to dismiss for lack of subject matter jurisdiction.

FACTUAL BACKGROUND

On December 31, 1996, petitioner served a notice to tenant of nonrenewal of the lease, termination of tenancy and landlord's intention...

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