| Grimes v Ward |
| 2006 NY Slip Op 50081(U) [10 Misc 3d 142(A)] |
| Decided on January 24, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court, New York County (Joseph E. Capella, J.), dated September 29, 2004, which granted tenant's motion to dismiss the petition in a holdover summary proceeding.
PER CURIAM:
Order (Joseph E. Capella, J.), dated September 29,
2004, affirmed, with $10 costs.
The underlying notice of nonrenewal, containing conclusory allegations concerning the landlord's "good faith intention" to reside in the subject apartment and to "take permanent residence" of the apartment upon tenant's surrender, was insufficient to serve as a predicate for the within owner occupancy proceeding. Landlord's notice failed to comply with the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b), since it merely (inartfully) "tracked the statutory language for nonrenewal upon the ground of owner occupancy . . . without setting forth allegations fact specific to this particular proceeding" (Numano v Vicario, 165 Misc 2d 457 [1995]; see Haruvi v Rosen, 2005 NY Slip Op 52161[U]).
This constitutes the decision and order of the court.
I concur
Decision Date: January 24, 2006