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1234 BROADWAY v. JING YONG XU

10 Misc.3d 655 (2005)

809 N.Y.S.2d 825

1234 BROADWAY LLC, Petitioner, v. JING YONG XU et al., Respondents.

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

November 4, 2005.

Attorney(s) appearing for the Case

Santo Galino, New York City, for petitioner.

Steven T. Gee, New York City, for Jing Yong Xu, respondent.

OPINION OF THE COURT

JOSEPH E. CAPELLA, J.

The respondent is a permanent hotel tenant whose apartment is subject to the Rent Stabilization Code (RSC). The parties' initial one-year lease expired December 31, 2002, and there have been no lease renewals. The petitioner alleges in its "30 Day Notice of Termination" that the respondent does not occupy the subject hotel apartment as his primary residence. By notice...

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