Kurek v. Luszcyk

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

In this nonpayment summary proceeding, Eudokeja Luszcyk moved to dismiss the petition on the ground that petitioner lacked standing to commence the proceeding because Luszcyk has a life estate in the premises. Petitioner opposed the motion, arguing that a document entered into between the parties in May 1989 states that it “clarifies and explains ‘Life Estate’ clause in the . . . deed,” and provides that Luszcyk was to pay monthly rent to petitioner. The Civil Court granted Luszcyk’s motion and dismissed the…