406 W. 48th LLC v Vaituzis

406 W. 48th LLC v Vaituzis 2010 NY Slip Op 05256 [74 AD3d 549] June 15, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

406 W. 48th LLC, Appellant,
v
Viktoras Vaituzis, Respondent, et al., Defendants.

—[*1] Krol & O'Connor, New York (Igor Krol of counsel), for appellant.

Jeffrey S. Goldberg, White Plains, for respondent.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 27, 2009, which, to the extent appealed from, granted defendant tenant's cross motion for summary judgment dismissing the complaint without prejudice to litigating the claims and defenses in Civil Court, Housing Part, and denied plaintiff landlord's motion to compel the tenant to comply with discovery demands, unanimously affirmed, without costs.

The tenant in this ejectment action was entitled to notice of the grounds on which termination of the tenancy was sought (see Rent Stabilization Code [9 NYCRR] § 2524.3; Domen Holding Co. v Aranovich, 1 NY3d 117 [2003]). This rent-stabilized tenant was not served with the requisite notice, warranting dismissal of the action.

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ. [Prior Case History: 2009 NY Slip Op 32768(U).]