In consolidated holdover summary proceedings, landlord appeals from an order of the Civil Court of the City of New York, New York County (Reuben Andres Martino, J.), dated December 12, 2006, which granted tenants' motions for summary judgment dismissing the petitions.

Per Curiam.

Order (Reuben Andres Martino, J.), dated December 12, 2006, affirmed, with $10 costs.

The record supports Civil Court's conclusion that the two adjacent buildings here at issue constitute a horizontal multiple dwelling on the basis of sufficient indicia of common ownership and facilities (see Matter of Salvati v Elmicke, 72 NY2d 784 [1988]; Matter of Ruskin v Miller, 172 AD2d 164 [1991]). Plaintiff's submission established that the buildings share a history of financial interdependence, with common ownership and mortgages, and that the structural makeup of the buildings include a common gas line, common water and sewer lines, common chimney, common boiler and common backyard (see e.g. Matter of Digby Management Co. v New York State Div. Of Housing and Community Renewal, 189 AD2d 554 [1993]. Plaintiff's evidence further showed that the buildings have a united architectural appearance and that the apartments in the two buildings are identified sequentially, "A" and "B" denoting the first and second floor apartments in one building and "D" and "E" denoting the first and second floor apartments in the other building. The separate physical features of the two buildings relied upon by landlord separate entrances, fire escapes and electrical and gas meters were insufficient to defeat summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 10, 2008