[*1]
United W., LLC v Lieberwirth
2007 NY Slip Op 50274(U) [14 Misc 3d 138(A)]
Decided on February 20, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
indent='no'>PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570495/06.

United West, LLC, Petitioner-Landlord-Appellant,

against

Katrin Lieberwirth, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.) dated May 19, 2006, which, upon converting tenant's motion to dismiss to a motion for summary judgment, dismissed the summary holdover proceeding.


PER CURIAM:

Order (David B. Cohen, J.), dated May 19, 2006, affirmed, with $10 costs.

Civil Court properly determined that the multiple handwritten changes to the governing lease rider made by the predecessor landlord, unambiguously granting tenant a "permanent" rent concession, controls over the single, contrary typewritten rider clause (see Ruiz v Chwatt Associates, 247 AD2d 308 [1998]; see also Home Fed. Sav. Bank v Sayegh, 250 AD2d 646 [1998]).

This constitutes the decision and order of the court.
Decision Date: February 20, 2007