Respondent Bara H. Sapir appeals, as limited by her brief, from that portion of (1) an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), dated December 25, 2007, which denied her cross motion for summary judgment dismissing the petition in a holdover summary proceeding, and (2) an order of the same court (Arlene H. Hahn, J.), dated September 14, 2010, which denied her cross motion to dismiss the petition.

Per Curiam.

Orders, dated December 25, 2007 (David B. Cohen, J.), and September 14, 2010 (Arlene H. Hahn, J.), affirmed, with one bill of $10 costs.

We agree with Civil Court that this licensee holdover summary proceeding is not susceptible to summary disposition, since appellant-undertenant failed to establish as a matter of law that petitioner-landlord or the predecessor owner recognized her as a tenant in her own right, or waived the right to contest her continued occupancy after the vacatur of the rent-stabilized tenants (see Sullivan v Brevard Assoc., 66 NY2d 489, 495 [1985]; Gregory v Colonial DPC Corp. III, 234 AD2d 419 [1996]). Nor may appellant be heard to argue that the notice of nonrenewal utilized by landlord was not a proper predicate for this holdover proceeding seeking possession based upon the record tenants' alleged nonprimary residence (see West End Assoc v McGlone, 32 Misc 3d 145[A], 2011 NY Slip Op 51732[U] [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: November 22, 2011