| 322 W. 57th Owner, LLC v Penhurst Prods., Inc. |
| 2008 NY Slip Op 52405(U) [21 Misc 3d 142(A)] |
| Decided on November 26, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner appeals from an order of the Civil Court of the City of New York, New York
County (David B. Cohen, J.), dated March 19, 2007, which granted respondents' motions to
dismiss the petitions in consolidated holdover summary proceedings.
Per Curiam.
Order (David B. Cohen, J.), dated March 19, 2007, reversed, with $10 costs, motions denied, petitions reinstated and final judgments awarded to petitioner on the holdover petitions. (See MH Residential 1, LLC v Barrett, appeals numbered 08/106-134, decided herewith.) Issuance of the warrants of eviction shall be stayed for 60 days after service of a copy of this order with notice of entry.
We note additionally that, contrary to respondents' contention, the provisions of the Eighth Amendment to the offering plan do not dispositively address the critical legal question framed on appeal, i.e. whether respondents qualified as "tenants in occupancy" at the time that the offering plan was accepted for filing. The informal opinion letter issued (at respondents' request) by the New York State Attorney General's office was belatedly submitted to this Court and is not properly considered on appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 26, 2008