RSC 2524.4 New York
Bianco v. Sciaulino (26 Misc 3d 780, 897 NYS2d 596, 2009 NY Slip Op 29489 [U], (2009) is an RSC 2524.4 (a) owner's-use holdover proceeding in which the owner sought to recover possession of the tenant rent-stabilized apartment as part of the owner's broader effort to convert a nine-apartment building into a single-family home. (26 Misc 3d at 781.)
The tenant moved to dismiss, arguing:
(1) that the proceeding was not ripe for adjudication because the owner would be unable to effectuate the plan until all the apartments were recovered;
(2) that other unnamed tenants are necessary parties. (Id. at 781-782.)
The Bianco court denied the tenant's motion.
The court first found the owner's proceeding ripe because a contrary finding would place the owner in the "near impossible situation of having to commence upwards of up to six holdover proceedings simultaneously, or alternatively not disclose his good faith intent to occupy all of the apartments in the subject building."