Gold Queens, LLC v. Cohen

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, so much of the order dated February 16, 2011 as denied the branch of tenants’ motion seeking to dismiss the petition is vacated, and the branch of tenants’ motion seeking to dismiss the petition is granted.

Landlord is the holder of the unsold shares of stock allocable to the subject premises, an apartment within a non-eviction cooperative building. Tenants, who are rent-stabilized, entered into possession of the premises under a written rental agreement dated July 6, 1976. In May 2008, tenants’…