Judge Michael Weisberg

The petition in this nonpayment summary eviction proceeding alleged Maldonado entered into possession of the subject premises under a written lease agreeing to pay $404.16 monthly rent. Maldonado moved for summary judgment dismissing the petition alleging she was the deceased tenant of record's daughter and lived in the premises since 2002—since age four. She claimed she notified petitioner within a week of her father's death in July 2015, and while her father's lease did not expire until June 30, 2016 petitioner never offered Maldonado a renewal lease in her name. Petitioner did not dispute Maldonado's allegations, including the validity of the lease, merely alleging via counsel's affirmation that Maldonado was sued as decedent's distributee. Yet, the court noted there was no allegation in the petition Maldonado was sued as a distributee, noting the petition claimed Maldonado was a party to a written agreement with petitioner—which allegation was false, as was the allegation the monthly rent was $404.16, rather than $304.93 under decedent's last lease. Given such material misstatements, the court ruled the petition was manifestly defective, and summary judgment, and dismissal of the petition was granted Maldonado.