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Second Lenox Terr. Assn v. Washington

Stipulation Waiving Rent-Stabilized Status Void; Defective Predicate Dismisses Holdover

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Recitation, as required by CPLR 2219 (a), of the papers considered in the review of this: Respondent’s motion to dismiss.Papers NumberedNotice of Appearance, Answer, and Motion to Dismiss/or for Summary Judgment 1Opposition  2Reply 3DECISION and ORDER

*1 This is a summary holdover proceeding where petitioner seeks to recover possession of the subject premises on the ground that the respondent is a licensee who is residing in the subject apartment without permission. Respondent moves for dismissal on the ground that the premises is rent-stabilized and that he has a right to succeed to the tenancy.Respondent submits that his sister, Evangeline Washington, was the original tenant of record and resided in the apartment from 1996 to 2003. In 1998, respondent’s parents Elizabeth and Richard Washington (the Washingtons) began to reside in the apartment. In 2003, Evangeline moved out of the apartment and respondent moved in with the Washingtons. In 2005, petitioner commenced a holdover proceeding alleging that the premises were not the primary residence of Evangeline Washington. That proceeding was settled by stipulation wherein Evangeline Washington agreed to surrender her right to the apartment and her parents, Elizabeth and Richard, were granted a “life estate” which would allow them to remain in the apartment, but not as rent-stabilized tenants. See, Second Lenox Terrace Associates v. Evangeline Washington; Richard and Elizabeth Washington;

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