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622 E. 169 LLC v. McClain

Evicted Tenant Restored to Rent-Stabilized Apartment'sPossession; Issue

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion.PapersOrder to Show Cause, Affirmation and Affidavit Annexed, Exhibits   1Affirmation and Affidavits in Opposition, Exhibits             2Reply Affirmation 3DEICISION/ORDER

*1 Upon the foregoing citing papers, the Decision and Order on this Motion are as follows:After eviction in this residential holdover proceeding, respondent Areletha McClain through her counsel, The Legal Aid Society moves to vacate the stipulation between the parties, restore the respondent to possession of the premises, file an amended answer and dismiss the petition as she was served with a notice of termination as a licensee when she is the tenant of record. In the alternative, respondent seeks an Order permitting the respondent a reasonable amount of time to remove her belongings or any other relief the Court may determine. For the reasons stated below, the stipulation between the parties is vacated, the answer is deemed admitted and served nunc pro tunc, respondent is provisionally restored to possession forthwith and this matter is restored to the Court’s calendar for proceedings on March 5, 2018 at 2:15 pm.The essential question to be resolved in this matter is whether the McClains established a rent stabilized tenancy when they moved into the subject premises despite the privity between Apex Asset Management LLC and CCC LLC (Petitioners predecessor in interest). If the respondent established a rent stabilized tenancy the proceeding will be dismissed as it was brought on the theory that the she was a licensee. If Ms. McClain was a rent stabilized tenant, she was entitled to a predicate notice appropriate to a rent stabilized tenant and this proceeding would be dismissed.

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