| Hirsch v Stewart |
| 2007 NY Slip Op 51048(U) [15 Misc 3d 140(A)] |
| Decided on May 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Maria Milin, J.), dated May 17, 2006, which granted tenant's motion to dismiss the holdover petition.
PER CURIAM:
Order (Maria Milin, J.), dated May 17,
2006, affirmed, with $10 costs.
The underlying notice of nonrenewal, containing
conclusory allegations concerning the landlord's intention to primarily reside in the subject apartment upon tenant's surrender, was insufficient to serve as a predicate for the within owner occupancy proceeding. Landlord's notice failed to comply with the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b), since it merely "tracked the statutory language for nonrenewal upon the ground of owner occupancy ... without setting forth allegations fact specific to this proceeding" (Numano v Vicario, 165 Misc 2d 457 [1995]; see also Berkeley Assoc. Co. v Camlakides, 176 AD2d 193 [1991], affd 78 NY2d 1098 [199]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 23, 2007