South Pierre Assoc. v Baron
Decided on January 27, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCooe, J.P., Davis, Schoenfeld, JJ
South Pierre Associates, a Partnership, Petitioner-Landlord-Appellant,
Roger Baron, Respondent-Tenant-Respondent, -and- Kathryn Freund, Respondent-Undertenant-Respondent.
Landlord appeals from an order of the Civil Court, New York County (Michelle D. Schreiber, J.), dated July 14, 2004, which granted tenant's motions for summary judgment dismissing the petitions and denied, as moot, landlord's cross motion for further discovery in holdover summary proceedings.
Order (Michelle D. Schreiber, J.), dated July 14, 2004, affirmed, with $10 costs.
Civil Court properly granted tenant's post-discovery motions for summary judgment since there was no material issue that the occupancy of respondent Kathryn Freund rose to the level of an unlawful sublet. The only evidence proffered by landlord was that the apartment may not be tenant's primary residence. In opposition to tenant's and Freund's claim that they have resided together as a couple at the subject premises since 1994, landlord submitted no proof as to the alleged illegal sublet arrangement. As noted by the motion court, landlord's allegations are more appropriately addressed in the context of a nonprimary residence proceeding commenced upon the requisite statutory notice (see 235 W. 71 St. LLC v Chechak, 16 AD3d 242 ; Santorini Equities v Picarra, 2003 NY Slip Op 50645[U]).
This constitutes the decision and order of the court.
Decision Date: January 27, 2006