| 2l W. 58th St. Corp. v Foster |
| 2006 NY Slip Op 51956(U) [13 Misc 3d 133(A)] |
| Decided on October 16, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 December 16, 2004, which, inter alia, granted tenant's motion for summary judgment dismissing the petition in a holdover summary proceeding.
PER CURIAM:
Order (Jean T. Schneider, J.), dated December 16, 2004, insofar as appealed from, reversed, with $10 costs, tenant's cross motion denied, petition reinstated, and landlord's motion granted to the extent of dismissing the second through fourth affirmative defenses set forth in tenant's answer.
The notice of nonrenewal utilized by landlord, mailed to tenant 90 days prior to the expiration of his most recent stabilized renewal lease, was timely served (see Rent Stabilization Code [9 NYCRR] § 2524.2(c)(2); Skyview Holdings, LLC. v Cunningham, appeal numbered 05-372, decided herewith]). The remaining affirmative defenses interposed by tenant, including his claim that the predicate notice was somehow "coercive," are lacking in merit. In reinstating the holdover petition, we do not pass upon landlord's application for leave to conduct discovery and for payment of interim use and occupation, matters not reached below.
This constitutes the decision and order of the court.
Decision Date: October 16, 2006