Durand v Simmons

[*1] Durand v Simmons 2007 NY Slip Op 51497(U) [16 Misc 3d 133(A)] Decided on July 12, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 12, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-1919 N C.

George A. Durand, Appellant,

against

Cannon Simmons and Carol Simmons, Respondents.

Appeal from an order of the District Court of Nassau County, First District (Gary F. Knobel, J.), entered October 31, 2006. The order granted tenants' motion to dismiss a holdover summary proceeding.

Order affirmed without costs.

The court below properly dismissed the present holdover summary proceeding upon tenants' motion since tenants submitted a referee's deed, issued following a foreclosure on the petitioner's property, showing that the petitioner was not the owner of the property at the time the proceeding was commenced (see Ryan v P.S. And More, Inc., NYLJ, June 29, 1999 [App Term, 9th & 10th Jud Dists]; 626 Realty Co. v Gumbs, NYLJ, Feb. 27, 1992 [App Term, 2d & 11th Jud Dists]). We note that petitioner failed to substantiate his claim that the referee's deed was subsequently nullified. Accordingly, the order granting tenants' motion to dismiss is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 12, 2007