JACK STOLLER , J. 90 Elizabeth Apt. LLC, the petitioner in this proceeding ("Petitioner"), commenced this holdover proceeding against Betty Eng ("Respondent"), a respondent in this proceeding, and Steven Eng ("Co-Respondent"), another respondent in this proceeding (collectively, "Respondents"), seeking possession of 90 Elizabeth Street, Apt. 5 and 6, New York, New York ("the subject premises"), on the ground that Respondents are licensees whose licenses have been terminated by the...
JEANNINE BAER KUZNIEWSKI , J. The Decision/Order on this Motion is as follows. The Motion to dismiss pursuant to CPLR 3212 and 3211 is granted pursuant to CPLR 3211. The Petition states that the Petitioner is the landlord of the subject premises. However, the Respondents show rental agreements with Brooklyn Luxury Homes and HRA payments to the same entity. The Petitioner does not rebut the rental agreements and concedes the rent was paid to Brooklyn Luxury Homes. See para. 9 of...