primary residence, and that discovery will allow Petitioner to complete the picture on the issue of
nonprimary residence.
Furthermore, Petitioner points out that the November 7, 2018 Notice directly cites to 9
NYCRR Section 2504.4(d), which is the section allowing a landlord to recover possession based
upon nonprimary residence.
Brett Zinner states the following about the signatures on the Notices:
"22. There are a few additional minor hyper-technical arguments offered by
Respondent, none of which are jurisdictional in nature or fatal to the notices and petition.
Respondent's counsel misrepresents that both the July 30, 2018 Notice and the November 7, 2018
Notice were signed by Allen Prince as 'Temporary Assistant Secretary' (See Ecker
Affirmation at ¶38 and Memo of Law at p. 11). However, a review of the said notices
reveal they were signed by Allan Prince in his capacity as 'Manager' of Petitioner.
Counsel further suggests, without offering any authority, that a manager of an LLC is
unauthorized to sign the notices. This is simply not the case.
23.
Admittedly, the July 30, 2018 Notice and the November 7, 2018 Notice do inadvertently identify
Petitioner as an 'Owner', although Petitioner is a proprietary lessee. [*7]However, the Petition clearly identifies that Petitioner is a
proprietary lessee and sublandlord. See Petition at ¶3. This inadvertent error confused no
one, as even Respondent's affidavit evidences her understanding that the premises are part of a
cooperative corporation and Petitioner is a proprietary lessee. See Kudatzky Affidavit at
¶27."
The Affidavit of Gordon Ditzel, Executive Manager of
Petitioner, states that the Respondent's check for January, 2019 rent was returned via his Letter of