Halme v Meserole Ave. LLC
2003 NY Slip Op 51303(U)
Decided on July 29, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Landlord and Tenant—Certificate of Occupancy

Decided on July 29, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., GOLIA and RIOS, JJ.
NO. 2001-1451 K C

RETO HALME, JEREMY ANGIER, ANN HIRSCH, MARK WINTERFORD, NAOMI KURITA, MICHAEL REILLY, DANIEL REILLY, GUY RICHARDS SMIT, ANDREA BUZYN and ANDREW LYGHT, Respondents-Appellants, - -

against

MESEROLE AVENUE LLC,


[*2]Appellant-Respondent, -and- THE DEPARTMENT OF HOUSING PRESERVATION and DEVELOPMENT (DHPD), Respondent.

Appeal and cross appeal from an order of the Civil Court, Kings County (M. Sikowitz, J.), dated June 7, 2001, which denied a motion by respondent Meserole Avenue LLC to dismiss for lack of subject matter jurisdiction and a cross motion by petitioners for sanctions and/or legal fees.


Appeal by petitioners unanimously dismissed for failure to perfect.

Order insofar as appealed from by respondent Meserole Avenue LLC unanimously reversed without costs and motion to dismiss granted.

Inasmuch as the premises do not have a residential certificate of occupancy and are located in an M1-1 zoning district in which residential use is not permitted, this Housing Part proceeding by petitioner tenants seeking to compel repairs should have been [*3]dismissed (see Multiple Dwelling Law § 302 [c]; cf. Wolinsky v Kee Yip Realty Corp., 302 AD2d 327).
Decision Date: July 29, 2003