Ashley Realty Corp. v Knight

[*1] Ashley Realty Corp. v Knight 2009 NY Slip Op 50960(U) [23 Misc 3d 139(A)] Decided on May 19, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 19, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570437/08.

Ashley Realty Corp., Petitioner-Landlord-Appellant,

against

Andrew Knight, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Oymin Chin, J.), dated May 29, 2008, which granted tenant's motion to dismiss the petition in a holdover summary proceeding.

Per Curiam.

Order (Oymin Chin, J.), dated May 29, 2008, reversed, with $10 costs, motion denied, and petition reinstated.

The notice of nonrenewal underlying this holdover summary proceeding was not invalidated by any claimed illegibility of the signature of landlord's corporate officer (see 430 Realty Co. v Alpert, NYLJ, Feb. 3, 1993, at 21, col 5 [App Term, 1st Dept]), who is the registered managing agent of the building premises and with whom tenant undisputedly had prior dealings (see 54-55 St. Co. v Torres, 171 Misc 2d 237 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 19, 2009