Secretary of Hous. & Urban Dev. v Lemaire

[*1] Secretary of Hous. & Urban Dev. v Lemaire 2004 NY Slip Op 50837(U) Decided on July 21, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DECIDED July 21, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-883 S C

THE SECRETARY OF HOUSING and URBAN DEVELOPMENT, Respondent,

against

FREEDLINE LEMAIRE, Appellant, -and- KENYA FLOOD, DAVID METELLUS S/H/A JOHN DOE, JOHN DOE, JANE DOE, Occupants.

Appeal by Freedline Lemaire from a final judgment of the District Court, Suffolk County (J. Toomey, J.), entered March 14, 2003, granting petitioner a final judgment of possession in a summary holdover proceeding.

Final judgment unanimously affirmed without costs.

Freedline Lemaire's (occupant) exercise of her option to purchase a premises, wherein she resided as a month-to-month tenant after petitioner obtained title following a foreclosure sale proceeding, dissolved the tenancy and created a relationship of vendor and vendee in possession. Occupant's failure to close on the purchase within the contract period entitled petitioner to commence a special proceeding under RPAPL 713 (9) with a 10-day notice to quit. Occupant failed to establish the parties' intention that the landlord-tenant relationship continue during the pendency of the purchase contract (Jacobs v Andolina, 123 AD2d 835, 836 [1986]; Barbarita v Shilling, 111 AD2d 200, 201-202 [1985]), or that petitioner accepted occupant's payment, [*2]whether denominated rent or use and occupancy, subsequent to execution of the purchase contract.
Decision Date: July 21, 2004