Respondent now seeks dismissal of this action based upon the existence of a familial exception to the graduation of abstract proceedings. Although respondent does not set forth the statutory basis for her motion, her movement claims that this court lacks subject matter jurisdiction for the reasons set forth above. Ukeiley, The Bench Guide to Landlord & Tenant Disputes in New York forty seven ). “However, a summary continuing is permitted to evict a member of the family whose occupancy just isn’t the outcome of a ‘familial relationship'” (Hon. Pursuant to CPLR 3211, ” celebration could move for judgment dismissing a quantity of causes of motion asserted against him on the ground that the court has not jurisdiction of the subject matter of the trigger of motion.” Also, as provided by CPLR 3211 , such grounds for dismissal may be raised at any time. Petitioner seeks summary judgment, claiming that said familial exception does not apply, and that the terms of the month-to-month tenancy control in order to provide jurisdiction of the proceeding to this court docke

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