Soundview Owners, LLC v Villanova

[*1] Soundview Owners, LLC v Villanova 2007 NY Slip Op 52110(U) [17 Misc 3d 133(A)] Decided on October 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570122/07.

Soundview Owners, LLC, Petitioner-Landlord-Appellant,

against

Rosemarie Villanova, Respondent-Tenant-Respondent, -and- One Ring Ambulette, Care Bus Ltd. and XYZ Corporation Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), dated December 8, 2006, which denied its motion for summary judgment and upon a search of the record, granted tenant summary judgment dismissing the petition for lack of standing in a commercial nonpayment summary proceeding.

Per Curiam.

Order (Raul Cruz, J.), dated December 8, 2006, reversed, without costs, petition reinstated, and landlord's motion for summary judgment of possession granted.

Landlord's motion for summary judgment on its nonpayment petition should have been granted, based upon the undisputed evidence that tenant defaulted in her payment of rent pursuant to paragraph 17 of the governing operating agreement. Contrary to the view expressed below, paragraph 21 of the operating agreement did not deprive the (limited liability company) landlord of standing to commence a nonpayment proceeding (see Limited Liability Company Law § 202[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 31, 2007