Hall v. Burroughs

OPINION OF THE COURT

Bruce J. Gould, J.

Respondents, on a month-to-month occupancy, move to dismiss this summary nonpayment proceeding pursuant to CPLR *4823211 (a) (2) and (7). Respondents acknowledge that there is a valid certificate of occupancy for this two-family house, but contend that the occupancy is by four households requiring dismissal of the proceeding. Petitioner concedes occupancy by respondents on the basement and parlor floors, a caretaker and renter on the second floor who share a bathroom but have no kitchen facilities, and another tenant on the third floor. Petitioner…