St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)

Citation: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Parent Document: St Nick's Alliance, LLC v. Cordero, 2024 NY Slip Op 24089 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-03-20
Original Source: https://www.courtlistener.com/opinion/9486704/st-nicks-alliance-llc-v-cordero/ ↗

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After the parties consented to granting petitioner's motion to vacate the ERAP stay on July 5, 2023, respondent filed a motion on October 7, 2023, seeking either dismissal pursuant to CPLR 3211 [a] [7], or summary judgment on respondent's defense that petitioner failed to state the facts upon which the proceeding is based pursuant to Real Property Actions and Proceedings Law ("RPAPL") § 741. (NYSCEF Doc No. 19, notice of motion [sequence 2].) Respondent argues that pursuant to Part J of the Housing Stability and Tenant Protection Act of 2019 ("HSTPA") and Rent Stabilization Code ("RSC") (9 NYCRR) § 2520.11 (f), Morales was herself a rent-stabilized tenant of the subject premises because she was an "affiliated subtenant[] authorized to use [the subject premises] by [petitioner]." (NYSCEF Doc No. 20, respondent's attorney's affirmation ¶¶ 24, 27-28, 30-41.) Therefore, respondent contends, petitioner's failure to properly describe Morales as a rent-stabilized tenant "is a material misrepresentation of fact which is central to informing [respondent] of his rights in this proceeding," as respondent has a claim for succession rights to the subject premises, and this type of "fundamental misstatement" warrants dismissal of the proceeding. (Id. ¶¶ 42-45.)

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