Fernandez v Batista

[*1] Fernandez v Batista 2013 NY Slip Op 52213(U) Decided on December 24, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 24, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres JJ
570261/13.

Gabriel Fernandez, Petitioner-Respondent,

against

Juana Batista, Respondent-Appellant.

Respondent Juana Batista appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered on or about November 26, 2012, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about November 26, 2012, affirmed, with $25 costs.

We sustain the possessory judgment awarded in favor of petitioner, the rent stabilized tenant of the apartment premises, and against respondent Batista, the alleged subtenant or licensee. Respondent failed to establish that she had any independent tenancy rights in the stabilized apartment premises. Any possessory rights respondent may lay claim to were subordinate to the tenancy rights of petitioner (see 170 West 85th St. Tenants Assn. v Cruz, 173 AD2d 338 [1991]) and were terminated upon proper notice.

The trial court also properly rejected respondent's claim that petitioner is no longer the rent stabilized tenant of the apartment. Petitioner's tenancy rights were never terminated by the (nonparty) landlord, and it does not avail respondent that petitioner's most recent renewal lease previously expired.

We have considered respondent's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 24, 2013