Seagrave Establishment, Inc. v. Goldberg

OPINION OF THE COURT

David B. Saxe, J.

The issue that I am asked to resolve in connection with this summary proceeding based upon allegations of nonprimary residence is as follows:

Does the Court of Appeals holding in Golub v Frank (65 NY2d 900 [1985]) require dismissal of the petition here because the petitioner landlord failed to provide notice of its intention not to offer the respondent tenant a renewal lease between 150 and 120 days (the "window period”) prior to the expiration of the lease term (Code of the Rent Stabilization Association of New York City, Inc. [Rent Stabilization Code] *468§54…