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207-211 West 144th Street Hdfc v. Frank Sprull

December 22, 2010

207-211 WEST 144TH STREET HDFC,
PETITIONER-LANDLORD-APPELLANT,
v.
FRANK SPRULL,
RESPONDENT-TENANT-RESPONDENT,
-AND-
"JOHN DOE" AND "JANE DOE,"
RESPONDENTS-UNDERTENANTS.



Per curiam.

207-211 W. 144th St. HDFC v Sprull

Appellate Term, First Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 22, 2010

PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Timmie E. Elsner, J.), dated November 12, 2008, which granted tenant's motion to dismiss the petition and denied landlord's cross motion to strike tenant's affirmative defenses and for summary judgment on the petition in a holdover summary proceeding.

Order (Timmie E. Elsner, J.), dated November 12, 2008, affirmed, with $10 costs.

Civil Court properly granted tenant's motion to dismiss the holdover petition, since landlord failed to articulate good cause for tenant's eviction (see Hudsonview Terrace, Inc. v Maury, 100 Misc 2d 331, 332 [1979]; Scherer, Residential Landlord-Tenant Law in New York § 5:1, at 280 [2009 ed.]; see generally 512 E. 11th St. HDFC v Grimmet, 181 AD2d 488 [1992], appeal dismissed 80 NY2d 892 [1992]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 22, 2010

20101222

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