Sanjurjo v Milio, 2021 NY Slip Op 50208(U) [70 Misc 3d 1224(A)]

the facts as alleged fit within any cognizable legal theory. (Leon v Martinez, 84 NY2d 83,
87-88, 614 NYS2d 972 [1994]). In assessing a motion under CPLR § 3211(a)(7), "the
criterion is whether the proponent of the pleading has a cause of action, not whether he has stated
one." (Guggenheimer v Ginzburg, 43 NY2d 268, 275, 401 NYS2d 182 [1977]). Thus, "a
motion to dismiss made pursuant to CPLR § 3211(a)(7) will fail if, taking all facts alleged
as true and according them every possible inference favorable to the plaintiff, the complaint
states in some recognizable form any cause of action known to our law." (Shaya B. Pac., LLC v Wilson, Elser,
Moskowitz, Edelman & Dicker, LLP, 38 AD3d 34, 38, 827 NYS2d 231 [2nd Dept
2006]; see Leon v Martinez, 84 NY2d at 87-88).

The court addresses the alternative requests in turn. In relevant part, NYC Admin Code
§ 26-301(1)(a)(v) states, "[t]he commissioner of housing preservation and development
shall have the power and it shall be his or her duty: (a) To provide and maintain tenant
relocation services (v) for tenants of any privately owned building where such tenants vacate
such building during a period when any law, regulation, order or requirement pertaining to the
maintenance or operation of such building or the health, safety and welfare of its occupants
requires such occupants to vacate such building." This Code "empowers HPD to determine
which relocation services are 'necessary, useful or appropriate,' and, pursuant to this authority,
HPD has determined that it will provide temporary shelter for displaced tenants." [emphasis
added]. (see also, Rivera v Department of Housing Preservation and Development of
the City of New York, 29 NY3d 45, 49, 52 NYS3d 270 [2017] citing §
26—301[1]; 28 RCNY 18—01).