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706 Realty Corp., . v. Florence Mohammed

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT Appellate Term, First Department


December 22, 2011

706 REALTY CORP., .
PETITIONER-LANDLORD-RESPONDENT,
v.
FLORENCE MOHAMMED, RESPONDENT-TENANT-APPELLANT, RASHEED MOHAMMED,
ROSEMARIE MOHAMMED AND LIZA MARIE MOHAMMED,
RESPONDENTS-APPELLANTS.

Per curiam.

706 Realty Corp. v Mohammed

Decided on December 22, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ

Tenant and respondent-appellants, as limited by their briefs, appeal from that portion of an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated December 15, 2010, which denied their motion to dismiss the petition in a holdover summary holdover.

Order (Jean T. Schneider, J.), dated December 15, 2010, affirmed, with $10 costs.

This holdover summary proceeding is based upon allegations that tenant violated her lease by subletting or assigning the stabilized apartment to several named individuals, including persons who, it appears, are tenant's adult son and daughter. We agree that the proceeding is not ripe for summary dismissal on the pre-answer record now before us, which raises several triable issues, including those relating to the nature and extent of the siblings' present occupancy in the apartment, and whether either or both of them had prior, extensive occupancy ties to the apartment and contemporaneously resided therein with tenant (see Alta Apts, LLC v Weisbond, 10 Misc 3d 40 [2005]). We note that tenant, in her reply brief on appeal, has expressly abandoned any challenge to the sufficiency or "validity" of the predicate notices.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 22, 2011

20111222

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