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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In this case, the court finds that petitioner has failed to prove its prima facie case and has failed to prove a cause of action. The predicate notice asserts that respondent and his father are either licensees of Antonia Bido or subtenants. If respondent is a subtenant then 9 NYCRR 2204.6 (a) clearly requires that petitioner obtain a certificate of eviction from DHCR prior to commencement of this proceeding. Moreover, it is clear that respondent is not the licensee of Antonia Bido given that Antonia Bido died in 1989, and respondent most recently commenced living in the subject premises in 2005.

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