West Waverly Equities Group v. Lieff

OPINION OF THE COURT

*281Tenant’s CPLR 3211 motion to dismiss the nonprimary residence holdover petition should have been denied. The landlord’s short-lived prosecution of an illegal sublet holdover proceeding — discontinued on consent — was not inconsistent with the landlord’s present nonprimary residence claim (see, Rent Stabilization Code [9 NYCRR] § 2525.6 [a]; 26 Leroy Realty Corp. v Hendricks, NYLJ, Apr. 22,1997, at 25, col 4 [App Term, 1st Dept]) and did not “nullify” the previously served termination notice underlying the within nonprimary residence proceeding. Nor does the record…