Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)

Citation: Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)
Parent Document: Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-07-10
Original Source: https://www.courtlistener.com/opinion/9999920/rochdale-vil-inc-v-hallerdin-grant/ ↗

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Respondent now moves to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action. Respondent argues that it is apparent from the four corners of Petitioner's termination notice that Respondent submitted all necessary income affidavits before the deadline set in Petitioner's notice to cure, thereby obviating any alleged default and precluding an eviction. Respondent further argues that there is no cause of action in a holdover based on the failure to pay surcharges or maintenance, and that Petitioner's only summary remedy, if any, is a nonpayment proceeding. Petitioner opposes the motion in all respects and argues that even if Respondent cured the breach related to the submission of income affidavits, it may nonetheless proceed on a separate ground enumerated in the termination notice based on Respondent's willful misrepresentation or concealment of his income (see 9 NYCRR §§ 1727-5.3[a][7]). In reply, Respondent argues that Petitioner has failed to state a cause of action as to willful misrepresentation or concealment, as Petitioner's termination notice is bereft of any non-conclusory supporting facts.

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