1077 Manhattan Assoc., LLC v Mendez

[*1] 1077 Manhattan Assoc., LLC v Mendez 2004 NY Slip Op 51315(U) Decided on November 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS -x PRESENT : ARONIN, J.P., PATTERSON and RIOS, JJ.
2003-1310 K C -x

1077 MANHATTAN ASSOCIATES, LLC, Appellant,

against

AWILDA MENDEZ, Respondent. -x

Appeal by landlord from an order of the Civil Court, Kings County (M. Pinckney, J.), dated August 25, 2003, dismissing the petition.

Order unanimously affirmed with $10 costs.

Housing Court correctly determined that only a natural person and not a corporation can recover an apartment for personal use (Rent Stabilization Code [9 NYCRR] § 2524.4 [a] [1]; Fanelli v New York City Conciliation & Appeals Bd., 90 AD2d 756 [1982], affd 58 NY2d 952 [1983]; George Tut & Co. v Ahmed-Zokari, NYLJ, Dec. 14, 2000 [App Term, 2d & 11th Jud Dists]; S & J Realty Corp. v Korybut, 147 Misc
2d 259 [1990]) even when the principal of the corporation is its sole stockholder (Henrock Realty Corp. v Tuck, 52 AD2d 871 [1976]; Matter of Colin v Altman, 39 AD2d 200 [1972]).
Decision Date: November 01, 2004