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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chan v. Adossa, 195 Misc. 2d 590 (2003)

Citation
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Parent Document
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Jurisdiction
New York (state)
Effective Date
2003-02-25

Full Text

1,589 chars
In this “owner-use” holdover proceeding, landlord claims that he desires the subject rent-stabilized apartment for the use of his mother, Phoebe Chan. After answering, tenant moved to dismiss the petition on the ground, inter alia, that, contrary to the allegations in the petition, the multiple dwelling registration (MDR) statement on file with the Department of Housing Preservation and Development (HPD) was not valid because the address stated therein for landlord’s managing agent was that of a post-office box. In the alternative, tenant sought leave to conduct discovery. Before responding to the motion, landlord filed an amended MDR statement, listing a proper residential address for the managing agent. Thereafter, landlord cross-moved for summary judgment and to dismiss tenant’s defenses and counterclaims, and tenant made a further “cross motion” for leave to amend and supplement her answer. The court below consolidated these motions for disposition, granted tenant’s motion to dismiss and, inter alia, denied both “cross motions” as moot. The court reasoned that compliance with the MDR requirements is a jurisdictional prerequisite to the maintenance of a holdover proceeding and that the lack of a proper MDR statement deprived the court of “jurisdiction over respondent at the time the proceeding was commenced” (citing Santos v Aquasvivas, NYLJ, July 10, 1997, at 32, col 5 [App Term, 2d & 11th Jud Dists]). Because it is our *592view that the Civil Court had jurisdiction over this owner-use proceeding, we reinstate the petition and deny tenant’s motion to dismiss.