Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)

Citation: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Parent Document: Liggett v. Lew Realty LLC, 180 N.Y.S.3d 115 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-12-08
Original Source: https://www.courtlistener.com/opinion/9328646/liggett-v-lew-realty-llc/ ↗

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I respectfully dissent from the portion of the majority's decision that grants defendant's motion to dismiss plaintiff's claim that her apartment is subject to the Rent Stabilization Law. As set forth below, I find that defendant did not meet its burden on its pre-answer motion to dismiss to demonstrate either that there is documentary evidence disposing of plaintiff's claims, or that plaintiff failed to state a cause of action. Rather, I would find that plaintiff has sufficiently pleaded that the stipulation that McKinney and defendant executed in 2000 (the 2000 stipulation) was void under applicable statutes, as interpreted by our Court and the Court of Appeals. Accordingly, I would vote to affirm the portion of the motion court's decision that denied defendant's motion to dismiss the first, third and fourth causes of action.[FN4]

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