Henry Phipps Plaza S. Assoc. v Peterson

[*1] Henry Phipps Plaza S. Assoc. v Peterson 2010 NY Slip Op 50391(U) [26 Misc 3d 143(A)] Decided on March 11, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Hunter, J.
570347/09

Henry Phipps Plaza South Assoc., Petitioner-Landlord-

against

Sylvia Peterson, Respondent-Tenant-Appellant, -and- Jonnee Peacock, Respondent-Appellant.

Tenant Peterson and respondent Peacock appeal from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman-Brown, J.), entered December 2, 2008, after a nonjury trial, which awarded possession to petitioner-landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Pam B. Jackman-Brown, J.), entered December 2, 2008, affirmed, without costs.

In defense of the holdover petition, tenant did not seriously contest petitioner-landlord's allegations that she does not maintain the subject apartment as her primary residence, but instead sought to "turn over" the apartment to her niece, respondent Peacock. In the absence of the requisite showing that respondent Peacock was entitled to succeed to the Section 8 tenancy (see generally Franco v Harris, 93 NY2d 823 [1999]; cf. 2013 Amsterdam Ave. Hous. Assoc. v Wells, 10 Misc 3d 142[A], 2006 NY Slip Op 50084 [2006]), the trial court properly awarded possession to petitioner.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 11, 2010