| Kabir v Garcia |
| 2015 NY Slip Op 50769(U) [47 Misc 3d 148(A)] |
| Decided on May 6, 2015 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Deighton S. Waithe, J.), dated December 6, 2013. The order denied occupants' motion to dismiss the petition.
ORDERED that the order is reversed, without costs, and occupants' motion to dismiss the petition is granted.
Petitioner commenced this proceeding pursuant to RPAPL 713 (7), alleging that Alex Eduardo Garcia and Lila M. Posada (occupants) had entered into possession pursuant to a license given to them by petitioner. Occupants moved to dismiss the petition, arguing, among other things, that they are not licensees, but rather have a rent-stabilized lease, and that the petition contained fundamental misstatements and omissions. In opposition to occupants' motion, landlord acknowledged that he had known about occupants' lease before commencing this proceeding, but alleged that the lease was invalid.
For the reasons stated in Kabir v Limbert (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-2445 Q C], decided herewith), we find that the petition was not reasonable under the attendant circumstances. Accordingly, the order is reversed and occupants' motion to dismiss the petition is granted.