| Radin v Carrow |
| 2013 NY Slip Op 50014(U) [38 Misc 3d 132(A)] |
| Decided on January 4, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 July 27, 2011, which denied her motion to be
restored to possession.
Per Curiam.
Order (Brenda S. Spears, J.), dated July 27, 2011, reversed, without costs, petition reinstated and matter remanded to Civil Court for further proceedings.
The hearing 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 apartment premises and the legality of tenant-respondent's actions were not properly addressed by the informal procedure utilized below (see Matter of Gelrod v Levine, 24 AD2d 756 [1965]; Mondrow v Dexter Properties, LLC, 34 Misc 3d 131[A], 2011 NY Slip Op 52346[U][App Term, 1st Dept 2011]). In reinstating the petition, we express no view as to the substantive issues remaining to be litigated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 04, 2013