Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)

Citation: Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Parent Document: Golden Mountain Realty Inc. v. Severino, 36 Misc. 3d 346 (2012)
Jurisdiction: New York (state)
Effective Date: 2012-02-29
Original Source: https://www.courtlistener.com/opinion/6313383/golden-mountain-realty-inc-v-severino/ ↗

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There is some conflicting authority on the necessity of obtaining a certificate of eviction in the lower court and in some cases *356from the Appellate Term. For example, in Bromer v Rosensweig (166 Misc 2d 201 [1995]) the Appellate Term reversed the sua sponte dismissal of a licensee holdover petition, prior to a trial or even the submission of an answer by respondent. While the procedural posture of Bromer is very different from the case at bar, the sua sponte dismissal was based on the landlord’s failure to have obtained a certificate of eviction from DHCR prior to the commencement of the proceeding.

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