GIT LEB, LLC v Golphin (2016 NY Slip Op 50713(U))
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GIT LEB, LLC v Golphin
2016 NY Slip Op 50713(U) [51 Misc 3d 144(A)]
Decided on April 27, 2016
Appellate Term, Second Department
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on April 27, 2016
SUPREME COURT, APPELLATE TERM, SECOND
DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ELLIOT, J.P., WESTON and SOLOMON, JJ.
2014-1006 K C
GIT LEB, LLC, Appellant,
against
Constance Golphin, Respondent, -and- "JOHN" GOLPHIN,
"JOHN DOE" and "JANE DOE," Undertenants.
Appeal from an order of the Civil Court of the City of New York, Kings County
(Hannah Cohen, J.), entered January 28, 2014. The order granted tenant's motion to
dismiss the petition in a holdover summary proceeding.
ORDERED that the order is reversed, without costs, and tenant's motion to dismiss
the petition is denied.
In July 2013, landlord commenced this holdover proceeding to recover possession of
the premises on the ground that tenant had violated a substantial obligation of her lease
(see Rent Stabilization Code [RSC] [9 NYCRR] § 2524.3 [a]) by failing to
pay rent in a timely manner. The petition states that tenant's chronic late payment, and
nonpayment, of rent had caused landlord to commence four nonpayment proceedings
against her (in November 2010, June 2011, May 2012 and November 2012), as well as to
make two rent demands (in July 2010 and August 2012) and, therefore, landlord had
terminated tenant's tenancy as of June 15, 2013. The pertinent part of the 10-day notice
annexed to the petition states that the November 2010 proceeding sought arrears for the