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21 WEST 58TH STREET CORP. v. FOSTER

44 A.D.3d 410 (2007)

843 N.Y.S.2d 583

21 WEST 58TH STREET CORP., Respondent, v. RONALD L. FOSTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 11, 2007.

The Appellate Term correctly determined that the notice of nonrenewal had been timely served, implicitly rejecting tenant's reliance in his second affirmative defense on the decision of the Court of Appeals in Matter of ATM One v Landaverde (2 N.Y.3d 472 [2004]).

In Landaverde, the Court of Appeals affirmed the dismissal of a breach of lease holdover proceeding governed by...

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