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LLC v. Butler

Civil Court of the City of New York, Kings County

November 6, 2017

160 Eagle Street, LLC, Petitioner-Landlord,
v.
Larry Butler and Merle Nadlin-Butler, Respondent-Tenants.

          Petitioner's counsel: Bedford Soumas LLP

          Respondent's counsel: Fishman Rozen LLP

          MARCIA J. SIKOWITZ, JHC

         Recitation, as Required by CPLR Section 2219(A), of the Papers Considered in the Review of this Motion:

Papers Numbered
Notice of Motion and Affirmation and Affidavit
Annexed 1-3
Answering Affirmation and Affidavits 9-11
Replying Affirmation 13

         Exhibits 4-8; 12; 14

         UPON THE FOREGOING CITED PAPERS, THE DECISION/ORDER IN THIS MOTION IS AS FOLLOWS:

         Petitioner commenced this holdover proceeding seeking possession of the subject rent stabilized apartment, 2L, at 160 Eagle Street, Brooklyn, NY 11222 based on the claims in the predicate notices. The Combined Notice of Non-Renewal and Notice of Termination of Leasehold states in part:

Please Take Notice, that pursuant to the Rent Stabilization Code ("Code"), Sections 2524.2 and 2524.4(c) the owner and landlord of the Subject Premises, Thomas Marasciullo ("Landlord"), does not intend to renew your lease for the above referenced Subject Premises which shall expire on May 31, 2017 because the Subject Premises is not occupied as the tenants' primary residence.
Please Take Further Notice, that your tenancy shall be terminated on May 31, 2017 as upon information and belief, you are not living in the Subject Premises and/or you are living at 30 Warford Terrace, Orinda, CA ...

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