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Oxford Towers Co., LLC. v Leites
2006 NY Slip Op 52119(U) [13 Misc 3d 136(A)]
Decided on November 9, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 9, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Gangel-Jacob and Schoenfeld, JJ
570583/05.

Oxford Towers Co., LLC., Petitioner-Landlord-Respondent,

against

Justin Leites, Respondent-Tenant-Appellant. Oxford Towers Co., LLC., Petitioner-Landlord-Appellant,Calendar No. 06-088 Justin Leites, Respondent-Tenant-Respondent.


In appeal numbered 05-359, tenant appeals from an order of the Civil Court, New York County (Jean T. Schneider, J.), entered August 2, 2005, which denied his initial motion for summary judgment dismissing the holdover petition. In appeal numbered 06-088, landlord appeals, as limited by its briefs, from that portion of an order of the same court and Judge, dated October 6, 2005, which granted tenant's subsequent motion for summary judgment dismissing the holdover petition.


PER CURIAM:
Order (Jean T. Schneider, J.), entered August 2, 2005, affirmed, with $10 costs. Order (Jean T. Schneider, J.), dated October 6, 2005, reversed, with $10 costs, motion denied and petition reinstated.

The notice of nonrenewal utilized by landlord, mailed to tenant 93 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, ___ Misc 3d ___, 2006 NY Slip Op 26411 [App Term, 1st Dept 2006]), and otherwise was sufficient to serve as a proper predicate for this nonprimary residence holdover proceeding. We reach no other issue.
This constitutes the decision and order of the court.
I concur

Decision Date: November 9, 2006