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Riverside Syndicate, Inc. v Saltzman
2007 NY Slip Op 50925(U) [15 Misc 3d 138(A)]
Decided on May 4, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 4, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570565/06.

Riverside Syndicate, Inc., Petitioner-Landlord-Appellant,

against

Eric Saltzman a/k/a Eric F. Saltzman, Vicoria Munroe, Respondents-Tenants-Respondents.


In consolidated holdover proceedings, landlord appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated January 20, 2006, which granted tenants' motions to dismiss the petitions.


PER CURIAM:
Order (Michelle D. Schreiber, J.), dated January 20, 2006, reversed, with $10 costs, petitions reinstated and matters remanded for further proceedings.

In the absence of any discernible prejudice to tenants (see Berkeley Assoc. Co. v Di Nolfo, 122 AD2d 703 [1986], lv dismissed 69 NY2d 804 [1987]), landlord's one-day delay in filing proof of service of the petitions did not require dismissal of these otherwise properly commenced holdover proceedings (see Jamal Estates v Crockwell, 113 Misc 2d 548 [1982]; see also Friedlander v Ramos, 3 Misc 3d 33 [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 04, 2007