Lorenzo v. Rivera

OPINION OF THE COURT

Bernard Fuchs, J.

Respondent’s motion is to dismiss the holdover petition on the following grounds: (i) failure of the petition sufficiently to allege service of the required notice of termination of the tenancy; (ii) petitioner’s alleged failure to terminate the tenancy by notice in accordance with Real Property Law § 232-a; and (iii) inadequate service of the petition and notice of petition. The motion has previously been granted by an abbreviated order. The reasons for that order follow.

The term of the tenancy is from month to month. Such a tenancy may be terminated only…