Bowman Realty Corp. v Morrison

[*1] Bowman Realty Corp. v Morrison 2009 NY Slip Op 51700(U) [24 Misc 3d 141(A)] Decided on August 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570336/09.

Bowman Realty Corp., Petitioner-Landlord-Respondent,

against

William B. Morrison, Respondent-Tenant-Appellant, and "John Doe" Respondent-Undertenant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.), dated March 12, 2009, which denied his motion to dismiss the petition in a holdover summary proceeding.

Per Curiam.

Order (Timmie Erin Elsner, J.), dated March 12, 2009, affirmed, with $10 costs.

We reject, as did Civil Court, the technical argument advanced by tenant in support of his pre-answer motion to dismiss the within nonprimary residence holdover proceeding. The court properly determined that landlord's June 2008 nonrenewal notice was sufficient to serve as a predicate for this eviction proceeding commenced in February 2009, where the prior nonprimary residence proceeding had not been terminated at the time of commencement of this proceeding and where tenant was caused no discernible prejudice (see Arol Dev. Corp. v Goodie Brand Packing Corp., 84 Misc 2d 493 [1975], affd 52 AD2d 538 [1976], appeal dismissed 39 NY2d 1057 [1976]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 05, 2009