Khaner, Matter of, v Gavin

Matter of Khaner v Gavin 2010 NY Slip Op 20461 [30 Misc 3d 1] Accepted for Miscellaneous Reports Publication AT1 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 26, 2011

[*1] In the Matter of Jeffrey M. Khaner et al., Respondents,
v
Gordon Gavin, Appellant.

Supreme Court, Appellate Term, First Department, November 17, 2010

APPEARANCES OF COUNSEL

George S. Locker, New York City, for appellant. Belkin Burden Wenig & Goldman LLP, New York City, for respondents.

{**30 Misc 3d at 1} OPINION OF THE COURT

Per Curiam.

Final judgment, entered on or about March 7, 2010, affirmed, with $25 costs.

We reject tenant's contention that a prior holdover proceeding commenced by one of the other owners of the premises to recover the subject apartment for that other owner's personal use constitutes a bar to this proceeding (see Michel v Chumbley, NYLJ, Mar. 17, 1986, at 14, col 5 [App Term, 1st Dept]). Moreover, the dismissal of an owner-occupancy holdover summary proceeding on the merits does not preclude a subsequent proceeding where, as here, there has been a change in circumstances (see Monacelli v Farrington, NYLJ, Apr. 10, 1996, at 25, col 1 [App Term, 1st Dept], affd 240 AD2d 296 [1997]). We note that tenant does not contest Civil Court's factual finding that landlord Kucera intended in good faith to recover the apartment for personal use as his primary residence.

Schoenfeld, J.P., Shulman and Hunter, Jr., JJ., concur.