Gouverneur Gardens Hous. Corp. v Silverman

[*1] Gouverneur Gardens Hous. Corp. v Silverman 2010 NY Slip Op 50121(U) [26 Misc 3d 133(A)] Decided on February 2, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 2, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570598/09.

Gouverneur Gardens Housing Corp., Petitioner-Landlord-Respondent,

against

Richard Silverman, Respondent-Tenant, -and- Johnny Liu, Mu Jin Liu, Chen Shuo, "John Doe" and "Jane Doe," Respondents-Undertenants, -and- Mo Kam Lau, Respondent-Undertenant-Appellant.

Respondent Mo Kam Lau appeals from a final judgment of the Civil Court of the City of New York, New York County (Thomas M. Fitzpatrick, J.), entered June 1, 2009, which, upon an order granting petitioner's motion for summary judgment, awarded possession to petitioner in a holdover summary proceeding.

Per Curiam.

Final judgment (Thomas M. Fitzpatrick, J.), entered June 1, 2009, affirmed, with $25 costs.

The Department of Housing Preservation and Development is vested with exclusive jurisdiction to determine a person's eligibility for Mitchell-Lama housing (see Schorr v New York City Dept. of Hous. Preserv. & Dev., 10 NY3d 776 [2008]) and its issuance of a certificate of eviction cannot be collaterally attacked in a subsequent summary eviction proceeding (see Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]). Therefore, appellant was precluded from litigating the issue of whether she had any possessory rights to the unit. Additionally, appellant failed to raise a factual issue warranting a traverse on the issue of service of the notice of petition and petition (see Chinese Consol. Benevolent Assn. v Tsang, 254 AD2d 222 [1998]). To the extent that appellant seeks to challenge landlord's ownership of the premises, questions of title and ownership are not properly the subject of a summary proceeding (see Ferber v Salone Moderne, Inc., 174 Misc 2d 945 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 02, 2010