David & Norman Invs. v Saldo

[*1] David & Norman Invs. v Saldo 2013 NY Slip Op 50296(U) Decided on March 1, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
571028/12.

David & Norman Investors,Petitioner-Respondent,

against

Gerald Saldo, Respondent-Appellant.

Respondent Gerald Saldo, as limited by his brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated September 27, 2012, which, upon renewal, adhered to a prior order granting petitioner summary judgment of possession in a holdover summary proceeding.

Per Curiam.

Order (Jack Stoller, J.), dated September 27, 2012, affirmed, with $10 costs, for the reasons stated by Jack Stoller, J. at Civil Court.

In affirming the grant of summary judgment of possession to petitioner, we emphasize the undisputed record proof establishing that respondent-appellant has not lived in, paid rent for or signed a renewal lease in connection with the rent stabilized apartment at issue since 1985, and did not resume occupancy of the apartment until after the death of the record tenant (appellant's ex-wife) in 2011. Contrary to appellant's contention that his prior abandonment was somehow excusable as a result of a "court order" (see Rent Stabilization Code [9 NYCRR] §§ 2520.6[u][3]; 2523.5[b][2][iii]), the record conclusively establishes that his abandonment of the apartment more than a quarter-century ago was a voluntary act that preceded the 1987 decree issued in connection with appellant's divorce from the tenant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 01, 2013