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2515 LLC v. Bencosme

Landlord's Petition That Omits Building's Regulatory Status Is Fatally Defective

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Recitation, as required by CPLR 2219 (a), of the papers considered in review of this motion Papers numbered Motion Seq. 1 Notice of Motion, Affirmation, Affidavits, Memorandum of Law, Exhibits A-D NYSCEF Doc No. 9 Affirmation in Further Support NYSCEF Doc No. 21 Exhibit A NYSCEF Doc No. 22 Motion Seq. 2 Notice of Cross-Motion NYSCEF Doc No. 11 Affirmation NYSCEF Doc No. 12 Affidavit NYSCEF Doc No. 13 Exhibits A-F NYSCEF Doc No. 14-19 Affirmation in Opposition NYSCEF Doc No. 21 Exhibit B NYSCEF Doc No. 22-23 Affirmation in Reply NYSCEF Doc No. 24 PROCEDURAL HISTORY AND BACKGROUND This is a holdover summary proceeding brought against respondent, Jose Bencosme (“respondent”), the former superintendent of the subject building after his termination from employment. Respondent retained counsel and has moved to dismiss the proceeding pursuant to CPLR 3211 (a) (1) and CPLR 3211 (a) (7), or, in the alternative, for summary judgment pursuant to CPLR 3212. (NYSCEF Doc No. 9, motion [sequence 1]; NYSCEF Doc No. 8, respondent’s answer, first affirmative defense

11-14.) Petitioner has cross-moved for summary judgment. (NYSCEF Doc No. 11, motion [sequence 2].) Respondent states that he was hired by petitioner in 2011 and was assigned to be the superintendent of the subject building. (NYSCEF Doc No. 9 at 7, Bencosme affidavit 6.) He first moved into the building pursuant to a lease for apartment B6. (Id.

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