Randall Co., LLC v Davis

[*1] Randall Co., LLC v Davis 2010 NY Slip Op 50902(U) [27 Misc 3d 138(A)] Decided on May 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 20, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570847/09.

Randall Co., LLC, Petitioner-Landlord-

against

Lisa Davis, Respondent-Tenant-Appellant.

Tenant appeals, as limited by her brief, from those portions of an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered December 3, 2009, which 1) denied her motion for summary judgment dismissing the petition in a holdover summary proceeding, 2) dismissed her affirmative defenses pursuant to Multiple Dwelling Law §§ 302(1)(b) and 325, 3) conditionally awarded landlord certain rent arrears and use and occupancy, and 4) awarded landlord attorneys' fees and directed a hearing to determine the reasonable amount of such fees.

Per Curiam.

Order (David J. Kaplan, J.), entered December 3, 2009, insofar as appealed from, affirmed, with $10 costs, for the reasons stated by David J. Kaplan, J. at Civil Court.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: May 20, 2010