Grill and Murphy Win Pre-Answer Motion to Dismiss

July 24, 2018 | Real Estate, Zoning & Land Use | Commercial Litigation

Kenneth C. Murphy and David M. Grill obtained an Order dismissing Plaintiffs-Tenants Supreme Court action seeking a declaratory judgment that their apartment is subject to rent regulation.   In short, Plaintiffs commenced the underlying action seeking a declaratory judgment that their apartment is subject to New York’s Rent Stabilization Law (RSL) and the Rent Stabilization Code (RSC), and that they were entitled to a renewal lease pursuant to the relevant provisions of the RSL and RSC.

After the instant Supreme Court action was commenced, Defendant-Landlord commenced a separate landlord-tenant proceeding (Summary Proceeding) against the Plaintiffs asserting that Plaintiffs were subject to eviction because they failed to return the signed renewal lease in accordance with the RSC.  Plaintiffs thereafter moved to enjoin the Summary Proceeding asserting that only the Supreme Court had equitable jurisdiction to entertain this matter and issue a declaratory judgment.

The Supreme Court granted Defendant-Landlord’s motion to dismiss the Supreme Court action holding that the Civil Court in the Summary Proceeding had concurrent jurisdiction to hear the claims on the merits and that it was the proper forum for adjudication of this matter.  The grant of Defendant’s motion to dismiss the Supreme Court action rendered Plaintiffs’ application seeking to enjoin the Summary Proceeding moot.

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