The gravamen of respondent's motion to dismiss the petition is: 1) petitioner's corporate status is "past due" and thus has no standing to bring the instant petition, 2) petitioner's predicate notice was invalid, 3) petitioner failed to state a cause of action which relief may be granted and 4) the holdover proceeding is in retaliation for the complaints respondent filed with various different quasi-governmental and government agencies.
Petitioner opposes the motion to dismiss on the grounds that: 1) petitioner has stated a cognizable cause of action, 2) petitioner's corporate statement status is irrelevant to these proceedings, 3) that the predicate notice filed was sufficient, 4) detailing a cause for eviction was unnecessary in the instant proceeding, and 5) petitioner is the actual victim to retaliation by the respondent.
For the reasons detailed herein, the respondents' motion is granted.
ANALYSIS
Initially, this Court notes that affirmation of respondent's counsel filed in support of her motion seeking a dismissal of the petition fails to comport with the recently amended statutory language of CPLR 2106. Additionally, the affirmation in opposition to respondent's motion filed by petitioner's counsel also fails to comport with the recently amended statutory language of CPLR 2106.
CPLR 2106, as amended as of January 1, 2024, provides as follows:
The statement of any person wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in New York in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the following form: