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RAFFONE v. SCHREIBER

18 Misc.3d 925 (2008)

850 N.Y.S.2d 851

CLAUDIA RAFFONE, Petitioner, v. JOHN SCHREIBER et al., Respondents.

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

January 14, 2008.

Attorney(s) appearing for the Case

Sperber, Denenberg & Kahan, P.C., New York City (Steven B. Sperber of counsel), for respondents.

Rosenberg & Estis, P.C., New York City (Michael A. Pensabene of counsel), for petitioner.

OPINION OF THE COURT

JOSEPH CAPELLA, J.

The respondent seeks dismissal (CPLR 3211 [a]; 3212) of the instant nonprimary residence holdover proceeding on the premise that the predicate nonrenewal of lease (Golub) notice relied upon by the petitioner is stale. In opposition, the petitioner cross-moves to strike the respondent's first through sixth and ninth affirmative defenses, and for an order granting...

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