Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Brenda S. Spears, J.), dated October 30, 2006, which denied his motion to vacate a final judgment and warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Brenda S. Spears, J.), dated October 30, 2006, affirmed, without costs.

Landlord was awarded a final judgment in the underlying holdover proceeding based upon tenant's use of the apartment premises for illegal drug activities. During the pendency of tenant's appeal from the final judgment, which was ultimately affirmed by this court (see J.H.B., L.P. v Martin, 12 Misc 3d 145[A], 2006 NY Slip Op 51471[U] [2006]), landlord offered tenant a renewal lease as required by Rent Stabilization Code [9 NYCRR] § 2523.5. We agree with Civil Court that tenant's execution of this renewal lease did not revive the tenancy, which had already been effectively terminated. Given the Rent Stabilization Code mandates and the context in which the lease was tendered, "it cannot reasonably be said that landlord intended to, or did, enter into a new agreement which would vitiate the very judgment from which tenant was in the process of taking an appeal" (AA Spirer & Co. v Adams, NYLJ, June 3, 1991, at 27, col 4; see also Coleman v Dabrowski, 163 Misc 2d 763 [1994]).

This Constitutes the Decision and Order of the Court.
Decision Date: May 23, 2008