Posted by Mark Smith on May 28, 2000 at 11:41:40:
In Reply to: Re: Housing Court Decisions - Erroneous Notes By Attorney Summarizing The Case posted by Anna on May 28, 2000 at 10:41:47:
316 East 77th Street Inc. v. Deptula was dismissed on procedural grounds. That was, in effect, a dismissal without prejudice to the landlord bringing another holdover summary proceeding.
I don't have tremendous resources available over this Memorial Day weekend. I found one case (Cacaj v. Levine, N.Y.L.J., 3/11/92, page 22, col. 5, Civil Court, New York County) that held that a landlord can't serve a new Golub Notice if a holdover summary proceeding has been dismissed. The landlord has to renew the lease and wait for the window period at the end of the renewal lease. However, it isn't clear if the holdover summary proceeding in Cacaj was dismissed without prejudice or was dismissed on the merits.
In 1989, in WT Associates v. Glaber, 153 AD2d 538, 544 NYS2d 612, the Appellate Division, First Department held that a landlord has to serve a 30-day notice of its intent to commence a holdover summary proceeding, in addition to the Golub Notice [9 NYCRR §2524.4(c)]. This notice of intent to commence a holdover summary proceeding can be combined with a termination notice, which is also required.
: These are the 'erroneous notes' posted in your message.
: Please provide citations to cases backing up your point that the landlord can file a new Petition on the same Golub Notice.
: : Notes: Much was at stake in getting this petition dismissed. This is because the landlord cannot recommence the nonprimary residency proceeding for another two years because first the landlord must tender a renewal lease based on the dismissal of this proceeding. Once a renewal lease is tendered for two years the tenant can resume occupancy (if the nonprimary residence allegation is true) and recommence primary residence in the apartment, so that in two years the landlord would not have grounds to refuse a renewal lease.
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