113 Ave. D, LLC v Green

[*1] 113 Ave. D, LLC v Green 2007 NY Slip Op 51900(U) [17 Misc 3d 127(A)] Decided on October 3, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, P.J., SCHOENFELD, HEITLER, JJ
570729/06.

113 Avenue D, LLC, Petitioner-Landlord-Respondent,

against

William Green, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered December 6, 2006, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.
Final judgment (Gerald Lebovits, J.), entered December 6, 2006, affirmed, without costs. Execution of the warrant shall be permanently stayed on condition that
tenant executes the renewal lease within 10 days of service of a copy of this order with notice of entry.

Civil Court properly gave preclusive effect to
the August 1, 2005 DHCR order, upheld on administrative appeal, determining the legal rent for the stabilized apartment (see Licorish v Nor-Win Realty, 13 Misc 3d 130[A]
[2006]). Tenant's remedy was to timely challenge the agency's final determination in a CPLR Article 78 proceeding (see London Terrace Gardens v Grabina, 3 Misc 3d 128[A] [2004]). We have afforded tenant a further opportunity to execute the renewal lease in order to avoid a forfeiture of this rent-stabilized tenancy. We do not pass upon the effect, if any, of a June 4, 2007 DHCR order adverted to by tenant in his appellate brief, but not included in the record on appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 3, 2007