Common Ground Community Housing Development Fund Corp. v. Fulgoni

OPINION OF THE COURT

Margaret Taylor, J.

This is a motion by the respondent to dismiss the petition of *156Common Ground Community Housing Development Fund Corporation (petitioner), which seeks to evict him from room 1121 of 255 West 43rd Street, New York, New York, also known as the Times Square Hotel, for nonpayment of rent. Dismissal is warranted, respondent maintains, because the petition fails to state a cause of action (CPLR 3211 [a] [7]) in that it does not allege the rent stabilization status of the premises. Specifically, respondent argues that petitioner cannot rely on its nonprofit…