Baxter St. Props. v Lee

[*1] Baxter St. Props. v Lee 2010 NY Slip Op 51546(U) [28 Misc 3d 140(A)] Decided on September 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 1, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, J.


Baxter Street Properties, Petitioner-Landlord-Appellant, 570339/09

against

Kimmy Lee, Respondent-Tenant-Respondent.

Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about September 5, 2008, after a nonjury trial, in favor of tenant dismissing the petition in a holdover summary proceeding.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about September 5, 2008, affirmed, with $25 costs, for the reasons stated by Jean T. Schneider, J. at Civil Court.

In affirming, we emphasize that respondent's status as a rent stabilized tenant, effectively ratified by petitioner, initially accrued upon her execution of a stabilized lease agreement effective March l, 2003, at a time when the building premises was owned by a limited liability company, of which respondent was a non-managing member. Fixing "the rights and obligations of the parties based upon the legal ownership of the premises, without regard to such considerations as beneficial or equitable ownership" (Fanelli v New York City Conciliation and Appeals Bd., 90 AD2d 756, 757 [1982], affd 58 NY2d 952 [1983]), and applying the rule that a member of an LLC "has no interest in specific property of the limited liability company" (Limited Liability Company Law § 601), we agree that the demised apartment premises was not exempt from stabilization coverage as an owner-occupied unit (see and compare Steltzer v Eason, 175 AD2d 158 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 01, 2010