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Jericho Project Lessee v. Marte-Travera

Tenant Granted Dismissal of Eviction Proceeding as Petition Palpably Insufficient

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Respondent-Tenant’s Motion to Dismiss (Motion Seq #1) and Petitioner’s Cross-Motion for Leave to Amend Petition, for Discovery and for Use and Occupancy (Motion Seq #2): Papers Numbered Respondent’s Attorney’s Affirmation, Exs A-E & Memorandum of Law 1 Petitioner’s Notice of Cross-Motion, Attorney’s Affirmation, Affidavit & Exs A-G 2 Respondent’s Memorandum of Law in Reply and Opposition to Cross-Motion 3 DECISION & ORDER Upon the foregoing papers and for the following reasons, Respondent-Tenant’s pre-answer motion to dismiss¹ and Petitioner’s cross-motion to amend the petition, for discovery and for use and occupancy are consolidated for disposition and decided as follows. BACKGROUND AND PROCEDURAL HISTORY This is an eviction proceeding brought by Petitioner Jericho Project Lessee against Respondent-Tenant Antonio Marte-Travera based upon failure to cure an alleged violation of a substantial obligation of the tenancy due to illegal sublet. The petition also names “John Doe” and/or “Jane Doe” as Respondent-Undertenants.² The petition asserts that Petitioner is the landlord authorized to bring this proceeding (Petition at

1, 2) and Respondent is the tenant who entered into possession of Apartment #4D at 1910 University Avenue in the Bronx (the subject premises) under a one-year written rental agreement running from July 26, 2018 through July 25, 2019 (Petition at

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