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436-438 Associates v. Alvardo

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

October 31, 2013

436-438 Associates, , Petitioner-Landlord,
v.
Maria Pico Alvardo, Respondent-Tenant, "JOHN DOE" & "JANE DOE" Respondents- Undertenants.

Unpublished Opinion

Petitioner's attorney: Rosman & Associates by Tracy W. Boshart

Respondent's attorney: Housing Conservation Coordinators, Inc. by Shawn Blumberg, of counsel.

PETER M. WENDT, J.H.C.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of Respondent's motion for an order dismissing the petition on the grounds that the termination notice and petition fail to state sufficient facts to support the allegations of illegal use, or alternatively, time to interpose an answer:

Papers Numbered

Notice of Motion, Affirmation Annexed1

Memorandum of Law2

Affirmation in Opposition3

Memorandum of Law 4

Reply Affirmation 5

Upon the foregoing cited papers, the Decision/ Order in this motion is as follows:

Petitioner commenced this holdover proceeding based upon Respondent's alleged use of the premises for illegal and/or immoral purposes pursuant to Real Property Actions and Proceedings Law ("RPAPL") §711(5), and Rent Stabilized Code ("RSC") §2524.2(b) and §2524.3(d). The Ten (10) Day Notice of Termination ("Termination Notice") in support of the petition states that:

1) Upon information and belief, on or about, October 22, 2012 the New York City Police Department arrested one or more ...


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