JMW 75 LLC v Wielaard

[*1] JMW 75 LLC v Wielaard 2015 NY Slip Op 50473(U) Decided on April 7, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570023/15

JMW 75 LLC, Petitioner-Landlord-Appellant,

against

Jim Wielaard, Respondent-Tenant-Respondent, -and- "John Doe," and/or "Jane Doe," Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Anne Katz, J.), entered July 31, 2014, which granted tenant's motion to dismiss the petition in a holdover summary proceeding.

Per Curiam.

Order (Anne Katz, J.), entered July 31, 2014, affirmed, with $10 costs.

This illegal occupancy holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524[c]), based upon the allegation that "a minor child of approximately six or seven years of age" was residing in the Single Room Occupancy hotel unit in violation of Housing Maintenance Code (Administrative Code of City of NY) § 27-2076(b), was correctly dismissed on tenant's motion. In the absence of any showing that a violation has been placed against the premises or that landlord was actually "subject to civil or criminal penalties," the proceeding is premature (see 210 W. 94 LLC v Concepcion, 2003 NY Slip Op 50612[U] [App Term, 1st Dept 2003]; 625 W. End Inc. v Howard, 2001 NY Slip Op 40496[U] [App Term, 1st Dept 2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: April 07, 2015