East Side Mgrs. Assoc., Inc. v Goodwin

[*1] East Side Mgrs. Assoc., Inc. v Goodwin 2009 NY Slip Op 51320(U) [24 Misc 3d 128(A)] Decided on June 30, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 30, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570331/09.

East Side Managers Associates, Inc., Petitioner-Landlord-Appellant,

against

Gwen Goodwin, Respondent-Tenant-Respondent.

Landlord appeals from (1) an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated July 9, 2007, which denied its cross motion for summary judgment and granted tenant's motion to dismiss the petition in a holdover summary proceeding; and (2) an order (same court and Judge), entered November 29, 2007, which upon reargument, adhered to its prior determination.

Per Curiam.

Order (Gary F. Marton, J.), dated July 9, 2007, modified, with $10 costs, by reinstating the petition and remanding the matter for a hearing consistent with this decision. Appeal from order (same court and Judge), entered November 29, 2007, dismissed, without costs, as academic. Annexed to tenant's initial stabilized lease agreement was a rider in which landlord agreed to rent the apartment premises "at a preferred tenant rate of $600 monthly in lieu of rehab to be done by tenant." Tenant's lease was periodically renewed with increases based upon the preferential rate. Inasmuch as the terms of the preferential lease rider "appear to be open-ended concerning the duration of the preferential rent," and the contracting parties' "intent cannot be unequivocally ascertained from the four corners of that agreement," a hearing on the issue of intent is warranted (Matter of Pastreich v New York State Div. Of Hous. & Community Renewal, 50 AD3d 384, 387 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 30, 2009