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SSH Props. v. Doe

Failure to Name Necessary Party in Licensee Holdover Proceeding Requires Dismissal

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RECITATION, AS REQUIRED BY CPLR SECTION 2219(A), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION:PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION AND EXHIBITS AND MEMORANDUM OF LAW ANNEXED             1ANSWERING AFFIRMATION AND AFFIDAVIT AND EXHIBITS ANNEXED         2REPLYING AFFIRMATION AND EXHIBIT ANNEXED          3DECISION/ORDER

*1  UPON THE FOREGOING CITED PAPERS, THE DECISION/ORDER IN THIS MOTION IS AS FOLLOWS: Petitioner commenced this licensee holdover proceeding1 to recover possession of the subject rent stabilized apartment 4A, at 399 Putnam Avenue, Brooklyn, New York, based upon the claims in the underlying predicate notice.The underlying Ten Day Notice To Quit dated July 5, 2017 states in pertinent part:…You are in possession of said premises as a licensee of AUGUSTINE NIGRO, who was the former Tenant of Record of the undersigned, and who was entitled to possession of the above Premises at the time he granted the license to you. AUGUSTINE NIGRO is no longer entitled to possession thereof by reason of the fact that he has relinquished all rights of possession upon his removal and therefore your right of possession terminated simultaneously…

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