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Quinatoa v. Hewlett Assoc. LP

Tenants' Proposed Rent-Stabilization Law Class Action Against Landlords Is Proper

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 29, 30, 31 were read on this motion to/for DISMISSAL. The following e-filed documents, listed by NYSCEF document number (Motion 002) 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 were read on this motion to/for DISMISSAL. DECISION ON MOTION   Upon the foregoing documents, the motion is In this proposed class action, defendants the City of New York, Maria Torres-Springer and Jacques Jiha (collectively, the City) bring a pre-answer motion to dismiss under CPLR §3211 (a) (2), (5), and (7) (Motion Sequence Number 001). Hewlett Associates, LP and Kaled Management Corporation (collectively, the Landlords), also move to dismiss pre-answer under CPLR §3211 (a) (2) and (7) (Motion Sequence Number 002). The court consolidates these motions and resolves them as follows. According to the complaint, which the court accepts as true for the purposes of this motion (see Celentano v. Boo Realty, LLC, 160 AD3d 576, 577 [1st Dept 2018] [considering CPLR §3211 (a) (7) motion]), plaintiffs Stella Quinatoa and Ana Cabrera reside in the Trafalgar Apartments (Trafalgar) in Flushing, Queens (NYSCEF Doc. No. 12 [complaint],

8-9). Hewlett Associates, LP (Hewlett) is the owner and landlord of Trafalgar and Kaled Management Corporation (Kaled) is the building’s manager (id.,

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