50 W. 112th St. HDFC v Ali (2006 NY Slip Op 52150(U))
[*1]
50 W. 112th St. HDFC v Ali
2006 NY Slip Op 52150(U) [13 Misc 3d 1237(A)]
Decided on November 15, 2006
Civil Court Of The City Of New York, New York County
Wendt, J.
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on November 15, 2006
Civil Court of the City of New York, New York County
50 West 112TH Street HDFC, Petitioner,
against
Malkatelder Ali, Respondent, -and- "JOHN DOE" and "JANE DOE", Respondents.
L&T 70652/06
Michael R. Cohen, Esq., Green & Cohen, New York City, for Petitioner; Steven Banks, Esq., The Legal Aid Society, New York City, (Cristina Romero, of Counsel), for Respondent.
Peter M. Wendt, J.
This holdover eviction proceeding was commenced by petitioner in May, 2006. The petition, verified by petitioner's attorney on May 2, 2006, originally alleged that the subject premises is subject to the Rent Stabilization Law. The petition was based on a thirty day notice of termination which merely alleges that landlord elects to terminate respondent's tenancy which continued on a month-to-month basis after expiration of her lease on August 31, 2005. Clearly, this would not be sufficient ground for termination of a rent stabilized tenancy. Thus, respondent, through counsel, moved to dismiss the petition pursuant to CPLR 3211(a)(7) because a rent stabilized tenancy cannot be terminated for no reason beyond expiration of a lease or termination of a subsequent month-to-month tenancy. Petitioner cross-moved for leave to amend the petition to reflect that the apartment is exempt from the Rent Stabilization Law of 1969 [*2]because tenant entered possession after a co-op