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1560 GC LLC v. Webster

Defective Predicate Notice Grants Dismissal of Landlord's Holdover Eviction Proceeding

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Respondent Norma Webster’s Motion to Dismiss:Papers NumberedNotice of Motion With Supporting Affirmation, Affidavit, Exhibits A-D              1Memorandum of Law in Support of Motion         2Affirmation, Affidavit, Exhibits A-B in Opposition                             3Reply Memorandum of Law With Exhibits A-F    4DECISION & ORDER

*1In this holdover eviction proceeding, the petitioner-landlord seeks to recover possession of Apartment 411 at 1560 Grand Concourse in the Bronx from alleged respondent-occupants Norma Webster, “John Doe” and “Jane Doe”. The Petition alleges that respondents are “licensees in occupancy of the premises” which are subject to Rent Stabilization and that the grounds and supporting facts on which the proceeding is based are contained in an attached notice which is incorporated in the Petition by reference. A “Ten Day Notice to Quit” dated March 3, 2017 is attached and advises the addressees to move out by March 27, 2017 as the landlord elects to “terminate your license”; alternatively, the notice states, “if you have not received permission to occupy the premises, then you have squatted upon the premises” and the facts that support this conclusion “include, but are not limited to the following: Norma Webster vacated the subject premises but did not return keys to the landlord. Upon information and belief, the person occupying the premises does not possess any independent right to occupy the premises.” Respondent, represented by counsel, moves to dismiss the proceeding under CPLR R 3211 asserting that she is a Rent Stabilized tenant, the Rent Stabilization Law and Code do not allow for eviction under a licensee/squatter theory, the predicate notice which alleges that she is a licensee or squatter is accordingly fatally defective and a nonprimary residence holdover is the appropriate course to take if petitioner believes she no longer lives at the premises. In support of her motion, respondent

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