[*1]
Kent Equities Corp. v Paez
2007 NY Slip Op 51846(U) [17 Misc 3d 127(A)]
Decided on October 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 2, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570240/06.

Kent Equities Corp., Petitioner-Landlord-Appellant, - -

against

Blanca Paez, Respondent-Tenant-Respondent, - and - Peter Paez, Jose Mario Gonzales, Candido N. Rivas, Maria Pinargote, Rafael Gonzalez and "John and/or Jane Doe", Respondents-Undertenants.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about April 11, 2006, after inquest, which dismissed the holdover petition without prejudice.


Per Curiam.
Order (Jean T. Schneider, J.), entered on or about April 11, 2006, affirmed, without costs.

The landlord's failure to allege and prove compliance with section 2204.3 of the New York City Rent and Eviction regulations requiring the timely filing with the district rent office of a copy of the predicate notice served upon the tenant and an affidavit of service, was fatal to landlord's right to maintain the holdover proceeding (see Grant v Morris, 18 AD2d 896 [1963]; Garvin v Cole, 53 Misc 2d 647 [1967] Shahid v Carillo, 8 Misc 3d 134[A], 2005 NY Slip Op 51169[U] [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.






I concurI concurI concur

Decision Date: October 02, 2007