In what circumstances will a court dismiss a Petition to decontrol a premises where the Petition alleges that the premises has been decontrolled?

"New York", United States of America

The following excerpt is from E. 168th St. Assocs. v. Castillo, 60 Misc.3d 774, 79 N.Y.S.3d 485 (N.Y. Civ. Ct. 2018):

In Giannini v. Stuart , 6 A.D.2d 418, 178 N.Y.S.2d 709 (1958), the court found a Petition to be deficient which pled the bare allegation that a premises was decontrolled. The court explained that "the decontrol may rest on one of several statutorily specified reasons." ( Id. at 420, 178 N.Y.S.2d 709.) In dismissing the proceeding, the court held that a "tenant is entitled to a concise statement of the ultimate facts upon which the proceeding is predicated so that the issues, if any there be, are properly raised and can be met." ( Id. at 420, 178 N.Y.S.2d 709.)

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