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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Respondent's Motion to Dismiss and, In the Alternative, Summary JudgmentThe law in the Second Judicial Department informs this court to find that respondent is the licensee of the former authorized occupant/licensee/subtenant and, therefore, cannot be a successor rent stabilized tenant. Neither Part J of the HSTPA nor RSC 2520.11 (f) changes this analysis. Respondent argues that Morales, who was in possession pursuant to an admission agreement, was "a tenant in possession of the subject premises for nearly three years after the effective date of Part J of the HSTPA (emphasis added)[.]" (NYSCEF Doc No. 20, respondent's attorney's affirmation ¶ 18; RSC 2520.11 [f].) Accordingly, respondent moved to dismiss on the basis that the petition contains a material misstatement of fact because Morales was a rent-stabilized tenant, and respondent is her nontraditional family member successor entitled to the same benefits and obligations of Morales' rent-stabilized tenancy.

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