300 W. 106th St. Corp. v Kingsley

[*1] 300 W. 106th St. Corp. v Kingsley 2005 NY Slip Op 51406(U) [9 Misc 3d 126(A)] Decided on September 8, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
570438/03

300 W. 106TH ST. CORP., Petitioner-Landlord-Respondent,

against

LAWRENCE KINGSLEY a/k/a LARRY KINGSLEY a/k/a "JOHN DOE", Respondent-Undertenant-Appellant, -and- LINDA SCHOENER a/k/a LINDA A. SCHOENER, Respondent-Tenant.

Respondent Lawrence Kingsley appeals from two orders of the Civil Court, New York County, each dated June 19, 2003 (Kevin C. McClanahan, J.) which, inter alia, denied his renewed motion for summary judgment dismissing the nonprimary residence holdover proceeding and granted a cross motion by petitioner to enjoin respondent from engaging in further motion practice without prior judicial approval.

PER CURIAM:

Orders entered June 19, 2003 (Kevin C. McClanahan, J.) affirmed, with $10 costs. [*2]

Respondent Kingsley's (renewed) motion for summary judgment dismissing the nonprimary residence holdover proceeding was properly denied, since there exist triable issues as to the nature of tenant Schoener's use of the apartment premises and of her occupancy arrangement with Kingsley. The court properly enjoined Kingsley from initiating further motion practice without court approval in view of what the court accurately described as his "clear abuse of the court's resources and his persistence in making meritless motions" (see McQuillan v St. Vincent's Hosp., 8 AD3d 148 [2004]).

This constitutes the decision and order of the court.
Decision Date: September 08, 2005