Sanchez v Pickney

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[*1] Sanchez v Pickney 2017 NY Slip Op 50577(U) Decided on April 11, 2017 Civil Court Of The City Of New York, Kings County Kuzniewski, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 11, 2017
Civil Court of the City of New York, Kings County

Marilyn Sanchez, Petitioner,

against

Marvin Pickney; MAURICE MIDDLETON, Respondents.



88293/16



For Petitioner:

Thomas Pruzan, Esq.

Pruzan Law Firm

111 Court Street, Suite 2L

Brooklyn, NY 11201

(718) 875-1245

For Respondents:

Tanya Kessler, of counsel to

Jeanette Zelhof, Esq.

MFY Legal Services, Inc.

299 Broadway, 4th Floor

New York, NY 10007

(212) 417-3785
Jeannine Baer Kuzniewski, J.

Recitation as required by CPLR §2219(a) of the papers considered in the review of Petitioner's Motion for Summary Judgment



Papers Numbered

Notice of Motion, Memo of Law, Affirmation & and Affidavits Annexed 1

Order to Show Cause and Affidavits Annexed

Answering Affidavits 2

Replying Affirmation 3

Exhibits:

Other:

Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:

The Motion to dismiss pursuant to CPLR§3212 and §3211 is granted pursuant to CPLR§3211. The Petition states that the Petitioner is the landlord of the subject premises. [*2]However, the Respondents show rental agreements with Brooklyn Luxury Homes and HRA payments to the same entity. The Petitioner does not rebut the rental agreements and concedes the rent was paid to Brooklyn Luxury Homes. See para. 9 of Affidavit in Opposition. The Court recognizes that the Petitioner, Marilyn Sanchez, is the CEO/Founder of Brooklyn Luxury Homes, see Exhibits L & M attached to the Notice of Motion, however, she has not commenced this action as the CEO/Founder of Brooklyn Luxury Homes and Petitioner has not been able to prove otherwise. Therefore the Petition is defective in pleading Marilyn Sanchez as the landlord. Accordingly, the Motion is granted and Petition is dismissed. The Court need not address the remaining arguments.



Dated: Brooklyn, New York

April 11, 2017

___________________________________

Jeannine Baer Kuzniewski, J.H.C.

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