BELLSTELL 140 E. v. LAYTON


180 Misc.2d 25 (1999)

687 N.Y.S.2d 536

Bellstell 140 East 56th Street, L. L. C., Petitioner, v. Jean Layton et al., Respondents.

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

February 5, 1999


Attorney(s) appearing for the Case

Maddy Tarnofsky, New York City, for respondents. Mitofsky & Shapiro, New York City, for petitioner.


ROLANDO T. ACOSTA, J.

Respondent moves to dismiss the petition in this illegal sublet holdover proceeding, pursuant to CPLR 3211 (a) (1), (2) and (7), on the ground that, inter alia, the predicate notices fail to state sufficient facts to establish the ground for eviction. Respondent's motion to dismiss is denied.

The Factual Sufficiency of the Predicate Notices

Respondent argues that...

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