Sutton Associates v. Bush

OPINION OF THE COURT

Herman Cahn, J.

Plaintiff, the owner of premises 420 East 55th Street, New York, New York, seeks to obtain a declaratory judgment, that the apartment occupied by defendant, is not her primary residence. Defendant argues that such a finding would deprive defendant of some of the rights afforded by the various tenant protection acts, including specifically the right to a renewal lease.

Defendant moves to dismiss the complaint pursuant to CPLR 3211 for failure to comply with the notice requirements of section 5 (subd a, par [11]) of the Emergency Tenant Protection Act of 1974…