2312-2316 Realty Corp. v. Font

OPINION OF THE COURT

Peter Wendt, J.

This is a proceeding commenced pursuant to RPAPL 711 (5). In its petition petitioner claims that respondent permits the premises to be used for illegal trade or business. Specifically, petitioner claims that drug transactions occur in the premises. Respondent denies these allegations and moves, pursuant to CPLR 3211 (a) (2) and (7), for an order dismissing this proceeding on the ground that admittedly no notice to vacate or *902surrender possession was served prior to commencement of the proceeding.

If rent stabilization or rent control did not apply to the…