Misthopoulos v. Estate of Ruhl

— Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 23, 1991, which denied the motion of the State of New York Division of Housing and Community Renewal (DHCR) to dismiss the complaint as against it, and to dismiss so much of the complaint as seeks a court order directing DHCR to issue an order of eviction, unanimously reversed, on the law, without costs, and the motion to dismiss is granted. The Clerk is directed to enter judgment in favor of defendant-appellant severing and dismissing the complaint as against it.

This case concerns the succession rights to a rent…