167 North Ninth Street Corp. v. Helfand

OPINION OF THE COURT

Gary F. Marton, J.

This is a holdover proceeding. Petitioner alleges that respondent occupied the premises as a licensee, that the license has been terminated, and that petitioner may recover possession of the premises. Before answering, respondent moved to dismiss on the ground that the pleadings do not state a cause of action.1 By a decision and order the court invoked CPLR 3211 (c), notified the parties that it would treat the motion as one for summary judgment, and granted them an opportunity to submit further affidavits and documents. Now, the court grants respondent’s…