New York Supreme and/or Appellate Courts Appellate Term, First Department
September 23, 2011
WEST END ASSOCIATES,
JOYCE MCGLONE A/K/A/ JOY MCGLONE, RESPONDENT-TENANT,
- AND -
Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated October 6, 2010, which denied its motion to dismiss respondent Hanrahan's first affirmative defense and granted respondent's cross motion to dismiss the petition in a holdover summary proceeding.
West End Assoc. v McGlone
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
Order (Brenda S. Spears, J.), dated October 6, 2010, reversed, with $10 costs, petitioner-landlord's motion to dismiss the first affirmative defense granted, respondent Hanrahan's cross motion to dismiss the petition denied, and the petition reinstated.
Respondent-undertenant Hanrahan may not be heard to argue that the combined notice of lease non-renewal and termination utilized by landlord was not a proper predicate for this holdover proceeding seeking possession based upon the record tenant's alleged nonprimary residence. The relevant notice provisions of the Rent Stabilization Code (see 9 NYCRR §§ 2524.2[c], 2524.4[c]) are expressly made applicable only to a tenant. An undertenant, whether licensee, subtenant or occupant, need not be served with the prescribed notices (see generally 170 W. 85th St. Tenants Assoc. v Cruz, 173 AD2d 338 ), and cannot reasonably forestall consideration of a landlord's claim of nonprimary residence -- a claim directed exclusively against the tenant -- on the basis of any claimed infirmity with the notices.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
D ecision Date: September 23, 2011
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