| WAM Equity Partners L.P. v Lyon |
| 2006 NY Slip Op 50469(U) [11 Misc 3d 134(A)] |
| Decided on March 28, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Jean T. Schneider, J.), dated September 23, 2004, which granted tenant's motion to dismiss the petition and denied landlord's cross motion, inter alia, to dismiss tenant's affirmative defenses and for leave to conduct discovery in a holdover summary proceeding.
PER CURIAM:
Order (Jean T. Schneider, J.), dated September 23, 2004, affirmed, with $10 costs.
The holdover summary proceeding, founded upon allegations that tenant's "misuse" of his stove and other "objectionable conduct" caused a fire in the stabilized apartment on February 5, 2004, was properly dismissed on tenant's motion. The occurrence of the fire was insufficient to give rise to a possessory remedy based upon nuisance and/or malicious or grossly negligent conduct under 9 NYCRR 2524.3(b) (see Vukovic v Wilson, 245 AD2d 1 [1997]). Nor may landlord presently pursue a breach of lease
claim, having failed to serve tenant with the requisite cure notice (see 9 NYCRR 2524.3[a]) specifying the conduct deemed to be "objectionable" pursuant to paragraph 12 of the governing lease agreement.
This constitutes the decision and order of the court.
I concurI concur I concur