Halle Realty Co. v Abduljaami

[*1] Halle Realty Co. v Abduljaami 2014 NY Slip Op 50390(U) Decided on March 19, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
14-050.

Halle Realty Co., Petitioner-Landlord-Respondent,

against

Saboor H. Abduljaami, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), entered October 18, 2010, after a nonjury trial, which awarded landlord possession and a recovery of attorney's fees in the sum of $5,750.07 in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Michelle D. Schreiber, J.), entered October 18, 2010, affirmed, with $25 costs.

Having voluntarily tendered the full amount of the rent arrears sought in the nonpayment petition by way of a post-petition check made payable to petitioner Halle Realty Co., tenant may not now be heard to challenge petitioner's right to maintain the underlying nonpayment summary proceeding or to recover attorney's fees otherwise shown to be due and owing. Proof of ownership is not a prerequisite to the maintenance of a summary proceeding pursuant to RPAPL § 721, which authorizes the maintenance of such a proceeding by "landlord or lessor" (see Ferber v Salon Moderne, Inc., 174 Misc 2d 945, 946 [1997]), a status sufficiently established by petitioner on this record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 19, 2014