Best v Buday

[*1] Best v Buday 2005 NYSlipOp 50963(U) Decided on June 10, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: June 10, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1363 W C

Anne Best, Respondent,

against

Tanit Buday, Appellant, -and- Pia Buday, Respondent.

Appeal by tenant Tanit Buday from an order of the Yonkers City Court, Westchester County (A. Doran, J.), entered July 12, 2004, denying her motion to dismiss the summary proceeding.

Order unanimously affirmed without costs.

The court below properly denied tenant Tanit Buday's motion to dismiss this holdover proceeding because the submissions of the parties raise factual issues, including the nature of the alleged obligation to provide keys to the premises, according to the terms of the prior lease between the parties or the rules of [*2]
the cooperative corporation (referred to in the lease but not submitted upon the motion), that are best resolved at trial (see Metzendorf v 130 West 57 Co., 132 AD2d 262 [1987]). Contrary to tenant's contention, landlord's failure to offer a renewal lease does not in and of itself bar the maintenance of this proceeding (Landmark Props. v Olina, 2002 NY Slip Op 40380[U]; see Emergency Tenant Protection Regulations [9 NYCRR] §§ 2503.5, 2504.2).
Decision Date: June 10, 2005