Elliana 76 LLC v Spier

[*1] Elliana 76 LLC v Spier 2010 NY Slip Op 50912(U) [27 Misc 3d 139(A)] Decided on May 24, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 24, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570049/10.

Elliana 76 LLC, Petitioner-Landlord-

against

Margaret Spier, Respondent-Tenant-Respondent.

Petitioner appeals, as limited by its brief, from those portions of an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), which granted respondent's motion for summary judgment dismissing the holdover proceeding and set the matter down for a hearing regarding tenant's entitlement to attorneys' fees.

Per Curiam.

Order (Peter M. Wendt, J.), dated December 10, 2009, insofar as appealed from, affirmed, with $10 costs, for the reasons stated by Peter M. Wendt, J. at Civil Court.

We note that petitioner's present argument that a triable issue exists regarding whether respondent should be equitably estopped from asserting a statute of limitations defense is not properly before us, since petitioner did not raise that specific claim before Civil Court. In any event, were we to consider it, we would find it unavailing (see generally Ross v Louise Wise Services, Inc., 8 NY3d 478 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 24, 2010