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Chen v. Brito – Case Brief Summary (New York)

In Chen v. Brito (NYLJ, Apr. 9, 2003, at 24, col 6), an owner-use holdover proceeding, the respondent moved to dismiss the petition based on defects in service of the petition, and there was motion practice and adjournments from November 12, 2002 through January 14, 2003.

The petitioner commenced a second owner-use holdover proceeding seeking the identical relief on December 11, 2002 "during the active litigation and motion practice in the prior proceeding."

Both matters appeared on the calendar on January 14, 2003 and the "petitioner discontinued the prior 'owner's-use' holdover by stipulation, which stipulation reserved respondent's defense that petitioner was barred from commencing a new 'owner's-use' holdover proceeding based upon the same predicate notice of lease nonrenewal as used in the prior holdover."