Jazilek v. Abart Holdings LLC

Order, Supreme Court, New York County (Judith J. Gische, J.), entered on or about October 4, 2006, insofar as it denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

The parties entered into a so-ordered stipulation in Housing Court in April 2002 to settle a summary holdover proceeding against plaintiff. Prior to the stipulation, plaintiff had been the illegal subtenant of a rent-stabilized tenant who surrendered possession of the subject…