Shuming Wang v Yelverton (2023 NY Slip Op 23299)
Shuming Wang v Yelverton
2023 NY Slip Op 23299 [81 Misc 3d 218]
October 2, 2023
Basu, J.
Civil Court of the City of New York, Kings County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 13, 2023
[*1]
Shuming Wang, Petitioner,
v
Florence Yelverton et al., Respondents.
Civil Court of the City of New York, Kings County, October 2, 2023
APPEARANCES OF COUNSEL
The Legal Aid Society, Brooklyn (Antoine Morris of counsel), for Florence Yelverton, respondent.
Arvind Kumar Galabya, Brooklyn, for petitioner.
{**81 Misc 3d at 219} OPINION OF THE COURT
Shantonu J. Basu, J.
For the reasons stated below, respondent's motion for summary judgment is granted and the proceeding is dismissed.[*2]
Factual and Procedural Background
Petitioner commenced the instant holdover proceeding by service of a 90-day notice of termination. The petition alleges that the subject premises are unregulated.
It is undisputed that respondent receives a Section 8 subsidy administered by the New York City Department of Housing Preservation and Development (HPD).
Petitioner acknowledges that it failed to notify HPD prior to the commencement of this proceeding. Instead of notifying HPD, petitioner notified the New York City Housing Authority (NYCHA).
In addition, it is undisputed that petitioner served respondent with a new lease offer after the commencement of this proceeding.
Respondent has moved for summary judgment.
Legal Analysis
Courts should only grant motions for summary judgment when it is clear that there is no triable issue of material fact{**81 Misc 3d at 220} (CPLR 3212; Fernandez v Jones, 76 Misc 3d 861, 867 [Civ Ct, Bronx County 2022]).