United W., LLC v Margulies

[*1] United W., LLC v Margulies 2007 NY Slip Op 51432(U) [16 Misc 3d 132(A)] Decided on July 26, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 26, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570494/06.

United West, LLC, Petitioner-Landlord-Appellant,

against

Alisa Margulies, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Pam Jackman Brown, J.), dated May 5, 2006, which granted tenant's motion to dismiss the petition in a nonpayment summary proceeding.

Per Curiam.

Order (Pam Jackman Brown, J.), dated May 5, 2006, affirmed, with $10 costs.

Civil Court correctly concluded that the preferential lease rider explicitly provided for a rent concession for the duration of the tenancy (see Colonnade Management, LLC. v Warner, 11 Misc 3d 52 [2006]), which was not waived by tenant (see Aijaz v Hillside Place, LLC., 8 Misc 3d 73 [2005], affd in part and revd in part 37 AD3d 501 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 26, 2007