562 Assoc., LP v Unique People Servs. Inc.

[*1] 562 Assoc., LP v Unique People Servs. Inc. 2009 NY Slip Op 52140(U) [25 Misc 3d 131(A)] Decided on October 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
.

562 Associates, LP, Petitioner-Landlord-Respondent, 570230/09

against

Unique People Services Inc., Respondent-Tenant-Appellant. 53-63 Partners, L.P., Petitioner-Landlord-Respondent, Unique People Services Inc., Respondent-Tenant-Appellant.

In consolidated holdover summary proceedings, tenant appeals from (1) an order of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), dated January 22, 2009, which granted landlords' post-trial motion pursuant to CPLR 4404(b) to set aside a verdict in favor of tenant dismissing the proceedings, and (2) a final judgment (same court and Judge), entered on or about January 27, 2009, which awarded landlord possession.

Per Curiam.

Order (Joseph E. Capella, J.), dated January 22, 2009 and final judgment (same court and Judge), entered on or about January 27, 2009, affirmed, with one bill of $25 costs.

In these consolidated holdover summary proceedings, landlords demonstrated entitlement to recover possession of the rent stabilized apartments at issue upon proof that the leasehold violated the rule against the creation of perpetual tenancies (see Manocherian v Lenox Hill Hosp., 229 AD2d 197 [1997], lv denied 90 NY2d 835 [1997]; see also Avon Bard Co. v Aquarian Found., 260 AD2d 207 [1999], appeal dismissed 93 NY2d 998 [1999]). Both the initial and renewal lease were issued solely in the name of the corporate tenant and failed to identify any individual as an intended occupant. Tenant's reliance on such cases as 220 W. 98 Realty v New York Province of Socy. of Jesus (291 AD2d 13 [2002]) and 7 W. 87th St. v [*2]Silverberg (1 Misc 3d 35 [2003]) is misplaced since those cases involved identifiable occupants, obviating the possibility of perpetual tenancies.

We have considered tenant's remaining contentions and find them to be without merit.

THIS CONSTITUTE THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2009