Raffone v. Schreiber

*926OPINION OF THE COURT

Joseph Capella, J.

The respondent seeks dismissal (CPLR 3211 [a]; 3212) of the instant nonprimary residence holdover proceeding on the premise that the predicate nonrenewal of lease {Golub) notice relied upon by the petitioner is stale. In opposition, the petitioner cross-moves to strike the respondent’s first through sixth and ninth affirmative defenses, and for an order granting discovery and use and occupancy. The Golub notice is dated January 19, 2006 and states, inter alia, an intent by the petitioner not to renew the parties’ lease agreement due to expire on April 30,…