Rubman v. Waller

OPINION OF THE COURT

David B. Saxe, J.

The respondent tenant has made a motion to dismiss this holdover proceeding on the ground that no termination notice or 30-day notice was served upon him. The landlord agrees that none was served but claims it was unnecessary. This holdover proceeding was brought on the ground that the owner is seeking in good faith to recover possession of the tenant’s apartment for his own personal use and occupancy and for the use and occupancy of his immediate family pursuant to subdivision B of section 54 of the Code of the Rent Stabilization Association of New York…