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MONDROW, pet-app, v. DAYS INNS WORLDWIDE, INC., res-res

14-210. MONDROW, pet-app, v. DAYS INNS WORLDWIDE, INC., res-res

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14-210. MONDROW, pet-app, v. DAYS INNS WORLDWIDE, INC., res-res — Order (Timmie Erin Elsner, J.), dated August 1, 2013, insofar as appealed from, modified, with $10 costs, the Beverley respondents’ motion to dismiss the petition is denied, the petition as against them reinstated, and the matter remanded to Civil Court for further proceedings.

This illegal lockout proceeding, commenced by the putative “permanent tenant” of the underlying hotel dwelling unit, should not have been dismissed on respondents’ CPLR 3211(a)(7) motion. Accepting petitioner’s allegations as true, and according them the benefit of every favorable inference (see Leon v. Martinez, 84 NY2d 83, 87-88 [1994]), the petition states a cause of action for forcible entry and detainer (see RPAPL 713[10]; Markun v. Weckstein, 100 Misc 668, 670 [1917]).

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