[*1]
85th Columbus Corp. v Cooperman
2006 NY Slip Op 52421(U) [14 Misc 3d 126(A)]
Decided on December 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 20, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: GANGEL-JACOB, J.P., McCOOE, SCHOENFELD, JJ
570525/06.

85th Columbus Corp., Petitioner-Landlord-Appellant,

against

Steven Cooperman, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated December 21, 2005, which granted tenant's motion to dismiss the petition in a summary holdover proceeding.


PER CURIAM:
Order (Michelle D. Schreiber, J.), dated December 21, 2005, reversed, with $10 costs, motion denied and petition reinstated.

The notice of nonrenewal utilized by landlord, mailed to tenant 92 days prior to the expiration of his most recent stabilized lease, was timely served (see Skyview Holdings, LLC. v Cunningham, Misc 3d , 2006 NY Slip
Op 26411 [2006]).

This constitutes the decision and order of the court.
Decision Date: December 20, 2006