Mun Y. v Prudhomme

[*1] Mun Y. v Prudhomme 2010 NY Slip Op 51980(U) [29 Misc 3d 135(A)] Decided on November 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 18, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570056/10.

Mun Y. & Emily Chang, Petitioners-Landlords- Respondents,

against

Tedd Prudhomme, Respondent-Tenant, -and- Steven Schweiger, Respondent-Undertenant-Appellant.

Respondent Steven Schweiger appeals from a final judgment of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered September 21, 2009, which, upon an order granting petitioners' motion for summary judgment, awarded possession to petitioners in a holdover summary proceeding.

Per Curiam.

Final judgment (David J. Kaplan, J.), entered September 21, 2009, affirmed, with $25 costs.

The record demonstrates that respondent-undertenant had a full and fair opportunity to litigate his illusory tenancy claim before the Division of Housing and Community Renewal (DHCR), that the agency specifically rejected his claim on the merits, and that Supreme Court dismissed his CPLR article 78 petition challenging the agency determination. Therefore, Civil Court properly rejected respondent-undertenant's attempt to collaterally attack the agency determination in this holdover summary proceeding (see Grassini v Paravalos, 270 AD2d 52 [2000]). Accordingly, the court properly granted petitioners-landlords' motion for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 18, 2010