Ray v. Dudley-Allen

OPINION OF THE COURT

Lester Evens, J.

Petitioner seeks an order for permission to conduct discovery pursuant to CPLR 408 and 3102. The respondents, tenant and undertenants, separately cross-moved to dismiss the petition on a variety of grounds. These cross motions are granted on the ground that the petitioner has not stated a cause of action for eviction, and on the ground that this court does not have subject matter jurisdiction to determine whether the subject premises of this proceeding is the respondent’s primary residence.

The tenant is a rent-controlled tenant. A 30-day notice of…