Appeal from an order of the Civil Court of the City of New York, Kings County (Inez Hoyos, J.), dated June 28, 2006. The order granted landlord's motion for leave to conduct discovery and to direct tenant to pay use and occupancy, and denied tenant's cross motion to dismiss the petition and/or for summary judgment.

Order affirmed without costs.

In our view, the notice served by landlord as a predicate to commencing this nonprimary-residence holdover proceeding sufficiently set forth case-specific allegations with respect to tenant's absence from the apartment and the presence of other persons, including undertenant Claire Debrunner, in the apartment (Rent and Eviction Regulations [9 NYCRR] § 2204.3 [b]; see Berkeley Assocs. Co. v Camlakides, 173 AD2d 193 [1991], affd 78 NY2d 1098 [1991]; Mak v Yun Pan Lee, 12 Misc 3d 142[A], 2006 NY Slip Op 51408[U] [App Term, 1st Dept]). Consequently, tenant's cross motion to dismiss the petition and/or for summary judgment was properly denied. Since tenant raises no issue with respect to the portion of the order which granted landlord's motion for leave to conduct discovery and to direct tenant to pay use and occupancy, the order is affirmed.

Weston Patterson, J.P., Golia and Belen, JJ., concur. [*2]
Decision Date: November 20, 2007