Yorkshire House Associates v. Lulkin

OPINION OF THE COURT

Richard Lee Price, J.

Respondents’ motion to reargue is granted and, upon reconsideration, respondents’ motion to dismiss pursuant to CPLR 3211 (subd [a]) is hereby granted. Petitioner’s cross motion for summary judgment is denied.

PROCEDURAL BACKGROUND

The petitioner landlord in this case, Yorkshire House Associates (hereinafter referred to as Yorkshire) instituted a holdover proceeding against the respondents on September 11,1981. On November 9,1981, the respondent tenants made a motion to dismiss the holdover petition pursuant to CPLR 3211 (subd [a], par 1). That motion…