[*1]
Shoshany v Goldstein
2006 NY Slip Op 51957(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.
As corrected in part through October 18, 2006; it will not be published in the printed Official Reports.


Decided on October 16, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Gangel-Jacob, J.
570358/05

Ron Shoshany, Petitioner-Landlord-Appellant,

against

Mark Goldstein, Respondent-Tenant-Respondent, and Dalia Goldstein, "John Goldstein" and "Jane Goldstein", Respondents.


Landlord appeals from an order of the Civil Court, New York County (Joseph E. Capella, J.), dated January 25, 2005, which granted tenant's motion for summary judgment dismissing the holdover petition filed under index number 86779/03 and to dismiss the holdover petition filed under index number 80863/04.


PER CURIAM:

Order (Joseph E. Capella, J.), dated January 25, 2005, reversed, with $10 costs, tenant's motions denied and petitions reinstated.

The notice of nonrenewal utilized by landlord, mailed to tenant 93 days prior to the expiration of his most recent stabilized lease, was timely served (see Rent Stabilization Code [9 NYCRR] § 2524.2[c][3]; Skyview Holdings, LLC v Cunningham, appeal numbered 05-372, decided herewith). Nor is tenant now entitled to dismissal of the second holdover proceeding pursuant to CPLR 3211(a)(4), in view of his pending jurisdictional challenge to the initial holdover proceeding seeking possession on identical grounds (see Siegal, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3211:16).

This constitutes the decision and order of the court.
Decision Date: October 16, 2006