Valley Dream Housing Co. v. Albano

OPINION OP THE COURT

Scott Fairgrieve, J.

Petitioner has commenced this holdover proceeding against respondent Mary Albano concerning unit 124, located at 100 Payan Avenue, Valley Stream, New York.

The petition states that a proper notice to terminate was served for nonpayment of rent and material noncompliance with the lease. Rent is demanded for rent arrears of $5,778 for the period of June 1, 2015 through November 1, 2015. No other grounds are set forth.

Respondent moves for an order pursuant to CPLR 404 and 3211 (a) (1) dismissing the petition because the petitioner failed to give respondent…