Cox v Carbone (2004 NY Slip Op 51056(U))

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Cox v Carbone

2004 NY Slip Op 51056(U)

Decided on September 17, 2004

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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 17, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570235/04

JOHN COX, Petitioner-Landlord-Respondent,

against

JAMES CARBONE, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated March 16, 2004 (Inez Hoyos, J.) denying his pre-answer motion to dismiss the holdover petition.

PER CURIAM:

Order dated March 16, 2004 (Inez Hoyos, J.) affirmed, with $10 costs.

The tenant's pre-answer motion to dismiss the holdover proceeding was properly denied. Viewing the allegations of the petition in the light most favorable to the landlord (see 182 Fifth Ave., LLC v Design Dev. Concepts, 300 AD2d 199 [2002]), the thin record raises triable issues as to whether the subject loft unit is eligible for or exempt from protection under rent stabilization (id.; see also Duane Thomas LLC v Wallin, 8 AD2d 193 [2004]).

This constitutes the decision and order of the court.