[*1]
Kirsis v Baum
2006 NY Slip Op 52197(U) [13 Misc 3d 137(A)]
Decided on November 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Schoenfeld, JJ
#570306/06.

Margaret Butler Kirsis, Petitioner-Landlord-Respondent,

against

Eileen Baum, Respondent-Tenant-Appellant.


Tenant appeals from that portion of an order of the Civil Court, New York County (Jean T. Schneider, J.), dated May 22, 2006, which denied her motion for summary judgment dismissing the petition in a holdover summary proceeding.


PER CURIAM:

Order (Jean T. Schneider, J.), dated May 22, 2006, affirmed, with $10 costs.

The notice of nonrenewal underlying this owner occupancy holdover proceeding stated, inter alia, that landlord seeks possession of tenant's stabilized apartment — unit 4B at premises located at 10 West 95th Street in Manhattan — for the use and occupancy of her named daughter as the latter's primary residence; that landlord, in accordance with architectural plans annexed to the renewal notice, intends to create a duplex apartment to serve as the daughter's "own apartment" by combining tenant's existing unit with "an addition to the roof of the subject building"; and that the newly created duplex apartment will include one bedroom, an office area, two bathrooms, and an outdoor terrace. In such particularized form, the nonrenewal notice was sufficient to serve as a predicate for eviction proceedings (see Rent Stabilization Code [9 NYCRR]
§ 2524.2[b]; McGoldrick v DeCruz, 195 Misc 2d 414 [2003], lv denied 2003 NY App Div LEXIS 9602; Karmely v Gill, NYLJ, Nov. 25, 1997, at 25, col 3 [App Term, lst Dept]).

This constitutes the decision and order of the court.
Decision Date: November 22, 2006