Petitioner landlord commenced this summary holdover proceeding on the theory that the premises was not respondent tenant's primary residence. Respondent failed to submit an answer, and upon his failure to appear in Civil Court on the return date of the petition, the matter was set down for an inquest. Prior to the inquest, respondent, instead of seeking to vacate his default, moved to dismiss the petition, arguing that since the signature on the notice of nonrenewal was illegible...
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