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406 W. 48th LLC v. Vaituzis

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 15, 2010

406 W. 48TH LLC, PLAINTIFF-APPELLANT,
v.
VIKTORAS VAITUZIS, DEFENDANT-RESPONDENT,
"JOHN" VAITUZIS, ET AL., DEFENDANTS.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 27, 2009, which, to the extent appealed from, granted defendant tenant's cross motion for summary judgment dismissing the complaint without prejudice to litigating the claims and defenses in Civil Court, Housing Part, and denied plaintiff landlord's motion to compel the tenant to comply with discovery demands, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ.

113284/08

The tenant in this ejectment action was entitled to notice of the grounds on which termination of the tenancy was sought (see Rent Stabilization Code [9 NYCRR] § 2524.3; Domen Holding Co. v Aranovich, 1 NY3d 117 [2003]). This rent-stabilized tenant was not served with the requisite notice, warranting dismissal of the action.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100615

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