SANCHEZ v. PICKNEY, 2017 NY Slip Op 50577(U) (2017)
Court: Civil Court of the City of New York
Number: innyco20170501c09
Visitors: 11
Filed: Apr. 11, 2017
Latest Update: Apr. 11, 2017
Summary: 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 Affid
Summary: 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 Affida..
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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 Affidavit in Opposition. The Court recognizes that the Petitioner, Marilyn Sanchez, is the CEO/Founder of Brooklyn Luxury Homes, see Exhibits L & M attached to the Notice of Motion, however, she has not commenced this action as the CEO/Founder of Brooklyn Luxury Homes and Petitioner has not been able to prove otherwise. Therefore the Petition is defective in pleading Marilyn Sanchez as the landlord. Accordingly, the Motion is granted and Petition is dismissed. The Court need not address the remaining arguments.
Source: Leagle
