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Dream Team Associates LLC v. Broadway City LLC

Landlord may maintain summary recovery action despite its unconditional assignment of lease.

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Judge Kern

DREAM TEAM ASSOCIATES, LLC v. BROADWAY CITY, LLC — The primary issue to be determined on this motion is whether the petitioner has standing to maintain this summary proceeding despite its “present, irrevocable, and unconditional assignment” of the lease which is the subject of this summary proceeding. The respondent tenant has brought the present motion to dismiss the proceeding pursuant to RPAPL sections 721 and 741 on the grounds that the petitioner does not have standing to maintain the proceeding and that the petitioner failed to state its interest in the premises. As will be explained more fully below, the court finds that petitioner does have standing to maintain this proceeding pursuant to RPAPL 721 and that it has adequately stated its interest in the premises pursuant to RPAPL 741.

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