NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 17, 2010
IN THE MATTER OF JEFFREY M. KHANER, FRANCO LAZZARI & DANIELE KUCERA, PETITIONERS-LANDLORDS-RESPONDENTS,
GORDON GAVIN, RESPONDENT-TENANT-APPELLANT.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about March 7, 2010, after a non-jury trial, awarding possession of the subject apartment to landlord Daniele Kucera in a holdover summary proceeding.
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 printed Miscellaneous Reports.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
Final judgment (Jean T. Schneider, J.), entered on or about March 7, 2010, affirmed, with $25 costs.
We reject tenant's contention that a prior holdover proceeding commenced by one of the other owners of the premises to recover the subject apartment for that other owner's personal use constitutes a bar to this proceeding (see Michel v Chumbley,NYLJ, March 17, 1986, at 14, col 5 [App. Term, 1st Dept.]). Moreover, the dismissal of an owner-occupancy holdover summary proceeding on the merits does not preclude a subsequent proceeding where, as here, there has been a change in circumstances (see Monacelli v Farrington, NYLJ, April 10, 1996, at 25, col 1 [App. Term, 1st Dept.], affd 240 AD2d 296 ). We note that tenant does not contest Civil Court's factual finding that landlord Kucera intended in good faith to recover the apartment for personal use as his primary residence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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