In consolidated holdover summary proceedings, landlord appeals from (1) an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated June 28, 2013, which granted tenant's cross motion to dismiss the petitions and denied as moot landlord's motion for summary judgment of possession, and (2) an order (same court and Judge), dated October 3, 2013, which granted tenant's motion for attorneys' fees in the sum of $13,141.23 and denied landlord's cross motion to reargue the June 28, 2013 order.

Per Curiam.

Orders (Brenda S. Spears, J.), dated, respectively, June 28, 2013 and October 3, 2013, insofar as appealable, affirmed, with one bill of $10 costs.

We agree, essentially for reasons stated by Civil Court, that the identically worded notices of nonrenewal utilized by petitioner landlord were insufficient to serve as the predicate for these consolidated nonprimary residence holdover proceedings, since the notices were devoid of facts tending to support the stated ground for eviction (see Rent Stabilization Code [9 NYCRR] § 2524.2[b] see Berkeley Assoc. Co. v Camlakides, 173 AD2d 193 [1991], affd 78 NY2d 1098 [1991]) and misrepresented the rent regulatory status of the apartments at issue (see MSG Pomp Corp. v Doe, 185 AD2d 798, 799 [1992] cf. 546 W. 156th St. HDFC v Smalls, 43 AD3d 7, 11 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 30, 2014