170 East 77th 1 LLC v. Berenson

OPINION OF THE COURT

Pam Jackman-Brown, J.

This summary holdover proceeding seeks to terminate the tenancy of respondent based upon lease expiration of an unregulated apartment. Respondent moves to dismiss the petition based upon the allegation of waiver. Respondent alleges that petitioner gave a written demand for rent as well as accepted rent from respondent, after the date of the termination of tenancy and prior to commencement of the proceeding. Respondent also seeks dismissal of the petition based upon petitioner’s alleged improper service of the termination notice. Petitioner cross-moves…