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Giancola v. Whitman

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


May 18, 2010

IN THE MATTER OF FRED GIANCOLA, ET AL., APPELLANTS,
v.
DEBORAH WHITMAN, RESPONDENT-RESPONDENT, ET AL., RESPONDENTS.

In a holdover proceeding to recover possession of certain leased premises, the petitioners appeal, by permission, from an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts dated August 19, 2008, which affirmed an order of the Civil Court, Kings County (Milin, J.), dated April 3, 2007, granting the motion of Deborah Whitman to dismiss the petition.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., HOWARD MILLER, RANDALL T. ENG and SHERI S. ROMAN, JJ.

(Index No. 87321/06)

DECISION & ORDER

ORDERED that the order dated August 19, 2008, is reversed, on the law, with costs, the order dated April 3, 2007, is reversed, the motion of Deborah Whitman to dismiss the petition is denied, and the matter is remitted to the Civil Court, Kings County, for further proceedings consistent herewith.

For reasons stated in our decision and order on the companion appeal (see Matter of Giancola v Middleton,AD3d [decided herewith]), the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts erred in affirming the order of the Civil Court granting Deborah Whitman's motion to dismiss the petition in this holdover proceeding.

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

20100518

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