Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

517 W. 212 St. LLC v. Musik-Ayala

Prior Tenant's Rent Never Exceeded Deregulatory Threshold, Premises Subject to RSL

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

*1  Upon the foregoing cited papers, the Decision and Order on this Motion are as follows: 517 West 212 St. LLC, the petitioner in this proceeding (“Petitioner”), commenced this holdover proceeding against Isaiah Musik-Ayala, the respondent in this proceeding (“Respondent”), seeking possession of 517 West 212th Street, Apt. 3C, New York New York (“the subject premises”) on the ground that Respondent’s lease expired and that no regulation requires Petitioner to renew Respondent’s lease. Respondent interposed an answer that, inter alia, alleged that the subject premises is subject to the Rent Stabilization Law. Petitioner now moves for summary judgment in its favor and to dismiss Respondent’s counterclaims. Respondent cross-moves for summary judgment dismissing the petition, awarding attorneys’ fees, or, alternatively, for relief to obtain discovery. The Court consolidates these motions for resolution herein.At the outset, Petitioner opposes Respondent’s motion on the basis that Respondent does not annex the pleadings to his motion. A motion for summary judgment “shall” be supported by, inter alia, a copy of the pleadings. CPLR §3212(b). Accordingly, a failure to annex pleadings to a summary judgment motion warrants its denial, Washington Realty Owners, LLC v. 260 Wash. St., LLC, 105 AD3d 675 (1st Dept. 2013), unless other parties annex copies of the pleadings to their motion papers. Serowik v. Leardon Boiler Works Inc., 129 AD3d 471, 472 (1st Dept. 2015). As Petitioner annexes the pleadings to its motion, the Court shall consider both summary judgment motions on their merits.The parties essentially dispute the rent regulatory status of the subject premises, with Petitioner claiming that the subject premises is unregulated and with Respondent claiming that the subject premises is subject to the Rent Stabilization Law. As the expiration of a lease

*2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements