2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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of rent owed and the subject proceeding should be removed and consolidated with that
action; this proceeding should be dismissed based on the pending declaratory judgment
action; the petition fails to state a cause of action upon which relief can be granted; this
court lacks subject matter jurisdiction on the grounds that the Petitioner failed to serve a
rent demand as prescribed by law; the rent demand is based on an improper and unclear
rental amount; the court lacks personal jurisdiction since the notice of petition and
petition were not served in accordance with the law; the petition fails to state a cause of
action for rent and additional rent because the petition is unclear and the rental amount is
improper; the Petitioner is not the person authorized pursuant to RPAPL §721 to
commence this proceeding; the petition should be dismissed on the grounds that it was
not issued by a proper party; the Petitioner failed to serve the proper predicate notice in
accordance with the law; the landlord's claims are barred by the doctrine of laches,
waiver and estoppel; and the petition should be dismissed for the failure to state a cause
of action because it fails to allege sufficient facts concerning the alleged rental amount
between the Petitioner and the Respondent.

The answer was filed with the court on August 13, 2013, and it appears that a court
date was granted by the Clerk of the Court for August 15, 2013.

Subsequently, the Respondent submitted an Order to Show Cause on August 8, 2013
returnable on August 19, 2013 seeking a stay of the commercial non-payment
proceeding, and for removal and consolidation of the commercial non-payment
proceeding with the aforementioned declaratory judgment action.