[*1]
LRL/JRH 67 LLC v Zagury
2008 NY Slip Op 50223(U) [18 Misc 3d 135(A)]
Decided on February 8, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570224/07.

LRL/JRH 67 LLC, Petitioner-Landlord-Appellant,

against

Elie Zagury, Respondent-Tenant-Respondent, - and - Jordan Zagury, Respondent.


Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated January 3, 2007, which granted respondent Zagury's motion for summary judgment dismissing the petition.


Per Curiam.
Order (Jean T. Schneider, J.), dated January 3, 2007, affirmed, with $10 costs.

Inasmuch as respondent Elie Zagury was named as a cotenant on the original stabilized lease and all subsequent lease renewals, and was identified as cotenant in the DHCR registration forms and rent bills prepared by landlord, he may not be evicted as a mere licensee after the death of his wife, the cotenant (see 9 NYCRR § 2520.6 [d]). That the cotenant alone signed the most recent renewal forms did not serve to extinguish respondent's independent tenancy interest firmly established in this record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: February 8, 2008