| Martine Assoc., L.L.C. v Linda Donahoe, & All Others, John and/or Jane Doe |
| Motion No: 2005-00520 wc 04-28-2006 |
| Slip Opinion No: 2006 NYSlipOp 71627(U) |
| Decided on July 5, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| MARTINE ASSOCIATES, LLC., Appellant, -against- LINDA DONAHOE, AND ALL OTHERS, JOHN AND/OR JANE DOE, Respondent. |
DECISION
Motion by landlord-appellant for leave to reargue and for leave to appeal to the Appellate Division are consolidated for purposes of disposition and denied.
This holdover proceeding was determined based on landlord's petition, which alleged that tenant's lease terminated on July 31, 2004 and that the tenancy ended on November 30, 2004, following service of a 15-day notice. At this juncture, it is too late for landlord to seek to amend the petition to state that the tenancy ended on July 30, 2004 and was not continued thereafter.