230 E. 14th St. LLC v Klufas

[*1] 230 E. 14th St. LLC v Klufas 2007 NY Slip Op 51457(U) [16 Misc 3d 132(A)] Decided on August 2, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 2, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Schoenfeld, JJ
.

230 East 14th Street LLC, Petitioner-Landlord-Respondent, No. 570402/06

against

Victoria Klufas, Respondent-Tenant-Appellant. -and- Anna Dyczek, Pawel Dyczek, "John Doe" and "Jane Doe" Respondents-Undertenants-Appellants.

Tenant Victoria Klufas and respondents-undertenants Anna Dyczek and Pawel Dyczek appeal from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated June 30, 2006, which granted landlord's motion to restore the underlying holdover summary proceeding to the calendar for a hearing to determine the fair market use and occupancy due landlord.

PER CURIAM:

Order (Laurie L. Lau, J.), dated June 30, 2006, affirmed, with $10 costs.

We agree that landlord is entitled to recover fair market use and occupancy, inasmuch as the apartment premises was removed from the purview of rent control upon the termination of appellant Klufas' tenancy (see Arlit Flushing Assoc. v Soodak, NYLJ, June 8, 1995, at 31, col 6 [App Term, lst Dept], lv denied 1995 NY App Div LEXIS 13250 [1995];
2 NY PJI3d 6:2, at 1128 [2007]; see also Rose Assoc. v Johnson, 247 AD2d 222 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: August 2, 2007