[*1]
611 W. 141st St. Tenants Assn. v Mirovich
2010 NY Slip Op 50473(U) [26 Misc 3d 145(A)]
Decided on March 19, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 19, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.
570084/09

611 West 141st Street Tenants Association, Petitioner-Landlord-Respondent,

against

Stefan Mirovich, Respondent-Tenant, -and- Sergei Petrovich Frolov, Respondent-Appellant, -and- Ludmila Mirovich, Irena Wojxasik, Irena Frolov, Nikoxoj "Doe" and "John and/or Jane Doe," Respondents.


Respondent Sergei Frolov appeals from 1) an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated December 9, 2008, which denied his cross motion to amend his answer in a holdover summary proceeding, 2) an order (same court and Judge), dated December 9, 2008, which denied his cross motion for leave to conduct disclosure, and 3) a final judgment (same court and Judge), entered December 9, 2008, which, upon an order granting petitioner's motion for summary judgment, awarded possession to petitioner.


Per Curiam.

Final judgment (Gerald Lebovits, J.), entered December 9, 2008, affirmed, without costs. Appeals from orders (Gerald Lebovits, J.), dated December 9, 2008, dismissed as subsumed in the appeal from the final judgment.

Appellant, who was not a signatory to any lease agreement and never paid rent to petitioner, failed to raise a triable issue with respect to whether he had any cognizable possessory interest in the subject apartment, which is situated in building premises operated under the Tenant Interim Lease Program. Any occupancy rights appellant may have acquired were subordinate to the tenancy rights of the (defaulting) record tenant (see 170 West 85th St. Tenants [*2]Assn. v Cruz, 173 AD2d 338 [1991]), whose tenancy was properly terminated by petitioner.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 19, 2010