Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated May 6, 2011, which denied his motion to be restored to possession.
Mondrow v Dexter Props., LLC
Decided on December 29, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
Order (Brenda S. Spears, J.), dated May 6, 2011, reversed, with $10 costs, petition reinstated and matter remanded to Civil Court for further proceedings.
Civil Court erred in dismissing the underlying illegal lockout proceeding after colloquy, without taking sworn testimony or receiving evidence in admissible form. Issues concerning petitioner's occupancy status in the single room occupancy hotel premises and the legality of respondents-owners' actions were not properly addressed by the informal procedure utilized below (see Matter of Gelrod v Levine, 24 AD2d 756 ). In reinstating the petition, we express no view as to the applicability or import of the recent amendment to subdivision 8(a) of Multiple Dwelling Law § 4 (see L 2010, ch 225, § 1 [eff. July 16, 2010]), or any of the substantive issues remaining to be litigated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 29, 2011
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