530 Manhattan Ave. HDFC v Chiu

[*1] 530 Manhattan Ave. HDFC v Chiu 2011 NY Slip Op 52123(U) Decided on November 29, 2011 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 29, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570533/11.

530 Manhattan Avenue HDFC, Petitioner-Landlord-Appellant,

against

Beverly Chiu a/k/a Hutchinson, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated April 6, 2011, which granted without prejudice tenant's motion to dismiss the nonpayment petition and, in effect, denied as academic landlord's cross motion for summary judgment on the petition.

Per Curiam.

Order (Brenda S. Spears, J.), dated April 6, 2011, modified by denying tenant's motion and reinstating the petition; as modified, order affirmed, without costs.

The Housing Part of Civil Court is vested with subject matter jurisdiction to determine the amount of rent and/or maintenance due on the nonpayment petition, and this even though the proper resolution of that issue may entail an inquiry as to the tenant's claimed status as a cooperative shareholder. Contrary to the view expressed below, the adjudication of whether tenant is a bona fide shareholder of the HDFC cooperative will not require the court to render unauthorized "declaratory" relief (see e.g. 191 E. 3rd St. Hous. Dev. Fund Corp. v Poon, 2003 NY Slip Op 51073[U] [App Term, 1st Dept]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 29, 2011