New York Supreme and/or Appellate Courts Appellate Term, First Department
December 28, 2011
890 PARK LLC,
RESPONDENT-TENANT-APPELLANT, - AND - "JOHN DOE" AND "JANE DOE",
Tenant appeals, as limited by his briefs, from so much of an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered April 29, 2011, as denied his motion to dismiss the petition in a holdover summary proceeding.
890 Park LLC v Rosenfeld
Decided on December 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
Order (David J. Kaplan, J.), entered April 29, 2011, affirmed, with $10 costs.
We reject, as did Civil Court, the technical argument advanced by tenant in support of his pre-answer motion to dismiss the within nonprimary residence holdover summary proceeding. The court properly determined that the February 2010 non-renewal notice used by landlord in connection with the prior nonprimary residence proceeding brought against tenant was sufficient to serve as a predicate for this nonprimary residence proceeding instituted in December 2010, where the earlier proceeding had not been terminated at the time of commencement of this proceeding and where tenant was caused no discernible prejudice (see Arol Dev. Corp. v Goodie Brand Packing Corp., 84 Misc 2d 493, 495-496 , affd 52 AD2d 538 , appeal dismissed 39 NY2d 1057 ).
We have considered and rejected tenant's remaining argument.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 28, 2011
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