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40 E. 68th St. Co. v Habbas
2009 NY Slip Op 50284(U) [22 Misc 3d 135(A)]
Decided on February 20, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570587/08.

40 East 68th Street Co., Petitioner-Landlord-Respondent,

against

Hani Jamil Saud Habbas, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), entered February 28, 2008, which denied his motion for summary judgment dismissing the petition in a holdover summary proceeding.


Per Curiam.

Order (Gary F. Marton, J.), entered February 28, 2008, affirmed, with $10 costs.

This holdover proceeding, based on tenants' claimed violation of the "no alterations" clause of the parties' rent stabilized lease agreement, is not susceptible to summary disposition. Triable issues exist as to the circumstances of the tenants' removal and replacement of kitchen cabinets and appliances (see Mengoni v Passey, 254 AD2d 203 [1998]; Britton v Yazicioglu, 189 AD2d 734 [1993]), and the efficacy of their purported cure.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2009