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Jamaica Seven LLC v. Villa Jr.

Respondents Not Second Successors; Landlord Not Entitled to Vacancy Rent Increase

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion for summary judgment and dismissal and cross-motion for summary judgment and a judgment of possession and for further relief:Papers NumberedNotice of motion, affidavit and exhibits annexed               1Notice of cross motion and opposition, affidavits and exhibits annexed           2Reply affidavit and opposition to cross motion  3Reply affidavit in support of cross motion         4Supplemental affirmation     5Memorandum of law            6Affidavit in support of memorandum of law        7DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding in December 2016 seeking possession of premises located at 90-36 149th Street, Apt. #40, Jamaica, NY 11435 (the “subject premises”). Petitioner brought the proceeding alleging it had terminated respondents’ license in the subject rent stabilized premises. Respondent, Luis G. Villa retained counsel and interposed an answer stating he had succession rights to the subject rent stabilized premises. (See Rent Stabilization Code (“RSC”) (9 NYCRR) §2523.5(b)). Respondent then sought leave to interpose an amended answer which contained not only the affirmative defense of succession but also the*2

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