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Judge Michael Weisberg

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Landlord alleged licensee was granted a license to reside in the subject premises by the superintendent in this holdover summary eviction proceeding. It claimed to have revoked the license, and licensee moved for dismissal of the petition arguing landlord lacked standing and failed to name a necessary party. Landlord cross-moved to amend the petition to note that possession was only sought of the one basement bedroom licensee occupied. The subject unit was designated for use of a building employee and handyman Ferraras currently resided therein and did not pay rent. Licensee has lived in the unit for over 10 years as he was rented a room from superintendent Minaya. The court noted “a paramount landlord cannot proceed against a subtenant alone,” stating Ferraras resided in the premises incident to his employment and landlord could revoke his license by terminating such employment. It stated even if allowed amendment of the petition and granted landlord a possessory judgment against licensee resulting in an eviction, there was nothing to stop Ferraras, or Minaya, from re-renting to room to licensee again. Hence, demonstrating why Ferraras was a necessary party as landlord could not obtain complete relief without naming him. Dismissal of the petition was granted.