Padernacht v. Doe

OPINION OF THE COURT

Susan F. Avery, J.

Background

In this holdover proceeding, the petition alleges that the “John Doe” and “Jane Doe” respondents are licensees of the subject premises, that their licenses expired and seeks possession of the premises. A “John Doe” respondent, Fahd Saidi, appeared by an attorney and filed a motion for summary judgment, which was denied as premature, as issue had yet to be joined. Counsel then filed the instant pre-answer motion to dismiss this proceeding (CPLR 3211 [a] [1], [2], [3], [7]).

Arguments

Respondent argues that the petition must be dismissed based upon…