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Bosco v. Merle

(24 Misc.3d 139(A), Slip Copy, 2009 WL 2254947 (Table) N.Y. Sup. App.Term, July 24, 2009)

Landlord served an owner-use non-renewal notice on Rent Stabilized tenants, bearing the date November 2, 2005. Thereafter, landlord commenced a holdover proceeding, alleging in the petition that landlord had served a nonrenewal notice dated November 11, 2006 and that a copy of such was annexed to the petition. Annexed to the petition was a copy of a nonrenewal notice bearing the typewritten date of November 2, 2005 but altered in ink to read November 2, 2006. We represented the tenants and moved to dismiss.  The Appellate Term found that the unexplained alteration of the date on the copy of the notice attached to the petition, when taken together with the misstatement in the petition as to the date, gave rise to an inference of misconduct designed to deceive the court and stated that a "petition tainted by such misconduct will be dismissed."  Link to Full Text of Decision


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