unsuccessfully applied for a Section 8 subsidy, and for public housing under the New
York City Housing Authority, while struggling to pay the rent.
On October 4, 2013, Landlord served upon Tenant a Notice of Default,
alleging that she had violated a substantial obligation of her Lease by failing to pay the
rent in a timely manner, and causing the Landlord to commence seven legal proceedings
for the non-payment of rent against her at the Bronx Housing Court, under Index
numbers: 44229/2007, 053329/2007, 14629/2008, 019581/2008, 043299/2010,
002799/2013 and 013139/2013, thereby requiring the immediate termination of her
tenancy effective on October 27, 2013. When Tenant refused to vacate, Landlord served
upon her a ten-day Notice of Termination/Cancellation, dated October 28, 2013,
terminating her tenancy and affording her until November 19, 2013 to vacate the
Premises, or face an eviction proceeding. Tenant did not vacate on that date.
As a result, by Notice of Petition and Petition dated November 21, 2013, Landlord
commenced the instant chronic rent delinquency holdover proceeding against Tenant to
recover [*2]possession of the premises, alleging that she
has chronically failed to timely pay the rent and that her lease expired on November 19,
2013. On the first appearance date of December 13, 2013, the matter was adjourned for
Tenant to obtain legal counsel and she eventually secured the Bronx Defenders to defend
her in this proceeding.
By Notice of Motion returnable June 12, 2014, Tenant now moves for an order
dismissing the proceeding pursuant to CPLR 3211(a)(5), and/or for summary judgment
in her favor pursuant to CPLR 3212, arguing that the Notice of Termination fails to state