[*1]
Mayeri v Pennacchini
2009 NY Slip Op 50761(U) [23 Misc 3d 133(A)]
Decided on April 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.
570134/08

Ray M. Mayeri and Harriet Mayeri, Petitioners-Landlords- Respondents,

against

Beverly Pennacchini a/k/a Beverly Pennacchini Bergund, 134 West 92nd Street, Apt. #2B, New York, New York 10025, Respondent-Tenant-Appellant,


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Marcia Sikowitz, J.), dated February 15, 2008, which denied tenant's motion to dismiss the petition in a holdover summary proceeding.


Per Curiam.

Order (Marcia Sikowitz, J.), dated February l5, 2008, affirmed, with $10 costs.

The notice of nonrenewal underlying this owner occupancy holdover proceeding alleged, inter alia, that landlords, husband and wife, currently reside in portions of the first three floors of the building premises; that they "intend to expand" their residential space to include tenant's second-floor unit "as part of their residence;" and that landlords need this additional space for use as their primary residence. In such form, the notice of nonrenewal satisfied the specificity requirements of Rent Stabilization Code (9 NYCRR) § 2524.2(b). The notice was not rendered invalid by any language appearing to suggest that landlord's expanded residence may, in part, be used by their visiting family members.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 22, 2009