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105-115 Bennett Realty Co., LLC v Piney
2007 NY Slip Op 51904(U) [17 Misc 3d 128(A)]
Decided on October 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Schoenfeld, Heitler, JJ
570332/07.

105-115 Bennett Realty Co., LLC, Petitioner-Landlord-Respondent,

against

Patricia Piney, Respondent-Appellant, "John Doe" and "Jane Doe" Respondents-Undertenants


Respondent Patricia Piney appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated April 18, 2007, which denied her motion for summary judgment dismissing the petition in a holdover summary proceeding.


PER CURIAM:

Order (Peter M. Wendt, J.), dated April 18, 2007, affirmed, with $10 costs.

We agree that this holdover summary proceeding is not ripe for summary dismissal. Although appellant points to several factors that ultimately may serve to substantiate her succession defense, resolution of the credibility issues presented by the parties' conflicting submissions must await further exploration at trial (see generally BME Three Towers, Inc. v 225 East Realty Corp., 3 AD3d 444 [2007]).
This constitutes the decision and order of the Court.
Decision Date: October 3, 2007