Landlord appeals from an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), dated December l8, 2006, which denied its motion to dismiss tenant's first, second and third affirmative defenses and granted tenant's cross motion to dismiss the petition in a nonprimary residence holdover proceeding.

Per Curiam.

Order (Kevin C. McClanahan, J.), dated December 18, 2006, reversed, with $10 costs, landlord's motion to dismiss the first, second and third affirmative defenses granted, tenant's cross motion denied, petition reinstated and the matter remanded for further proceedings.

Petitioner 1043-1049 Lexington Avenue LLC, identified as landlord in a renewal lease executed by tenant, had standing to maintain this nonprimary residence holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524.4[c]). Inasmuch as the predicate notice was executed on petitioner's behalf by a co-trustee of its managing member, it was not jurisdictionally defective. Nor did an infirmity result from the purported correction of a deed signed by a majority of the co-trustees (see EPTL § 10-10.7). We reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 14, 2008