Bolivar Apt. Corp. v Metered Appliances, Inc.

[*1] Bolivar Apt. Corp. v Metered Appliances, Inc. 2009 NY Slip Op 51696(U) [24 Misc 3d 141(A)] Decided on August 4, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 4, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

Bolivar Apartment Corp., Petitioner-Landlord-Respondent,570554/08

against

Metered Appliances, Inc., Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated August 9, 2007, which denied its motion to dismiss the petition and granted landlord's cross motion for partial summary judgment in a holdover summary proceeding.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated August 9, 2007, modified to deny landlord's cross motion for summary judgment in its entirety and, as modified, affirmed, with $10 costs to tenant-appellant.

This holdover summary proceeding, seeking possession of premises used as a laundry room, is not susceptible to summary disposition. While we agree with the motion court that the parties' agreement was a lease and not a license (see Unique Laundry Corp. v Hudson Park NY, LLC, 55 AD3d 382, 383-384 [2008]; Coinmach Corp. v Harton Assoc., 304 AD2d 705 [2003]; Linro Equip. Corp. v Westage Tower Assoc., 233 AD2d 824 [1996]), triable issues exist as to the parties' intent with respect to the duration of tenant's leasehold interest, specifically whether the lease agreement was automatically renewed upon the expiration of its extended term.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 04, 2009