Ming Yue LLC v. Chen

Synopsis

Court grants tenant's pre-answer motion to dismiss illegal sublet holdover for failure to state a cause of action under CPLR 3211(a)(7). Predicate notices failed to allege facts constituting illegal subletting — no allegation of subleasing agreement or rent payments to occupants. Court analyzed RPL § 235-f 'roommate law' and found extended family members (spouse, children, siblings-in-law, niece) were lawful occupants. Predicate notices cannot be amended.