| Mondrow v Dexter Props., LLC |
| 2011 NY Slip Op 52346(U) [34 Misc 3d 131(A)] |
| Decided on December 29, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Brenda S. Spears, J.), dated May 6, 2011, which denied his motion to be restored to
possession.
Per Curiam.
Order (Brenda S. Spears, J.), dated May 6, 2011, reversed, with $10 costs, petition reinstated and matter remanded to Civil Court for further proceedings.
Civil Court erred in dismissing the underlying illegal lockout proceeding after colloquy,
without taking sworn testimony or receiving evidence in admissible form. Issues concerning
petitioner's occupancy status in the single room occupancy hotel premises and the legality of
respondents-owners' actions were not properly addressed by the informal procedure utilized
below (see Matter of Gelrod v Levine, 24 AD2d 756 [1965]). In reinstating the petition,
we express no view as to the applicability or import of the recent amendment to subdivision 8(a)
of Multiple Dwelling Law § 4 (see L 2010, ch 225, § 1 [eff. July 16, 2010]), or
any of the substantive issues remaining to be litigated.