Excel Associates v. Morales

OPINION OF THE COURT

Jack Mackston, J.

In this summary proceeding the landlord seeks to evict the tenant for objectionable conduct as provided in subdivision 2 of section 52 of the Tenants Protection Regulations (9 NYCRR 2504.2 [b], promulgated pursuant to section 10 of chapter 576 of the Laws of 1974 and hereinafter referred to as TPR). In response tenant moves to dismiss the petition contending the same to be jurisdictionally defective by reason of legal insufficiency.

To withstand this motion, the petition must allege facts with sufficient particularity to apprise the court and respondent of…