Su Young Lee v Nicolosi

[*1] Su Young Lee v Nicolosi 2010 NY Slip Op 51355(U) [28 Misc 3d 134(A)] Decided on July 29, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: :PESCE, P.J., GOLIA and RIOS, JJ
2009-1268 Q C.

Su Young Lee, Appellant,

against

Fatima Nicolosi, Respondent, -and- "JOHN DOE" and "JANE DOE", Undertenants.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anne Katz, J.), dated April 28, 2009. The order granted the branch of a motion by tenant seeking summary judgment dismissing the petition in a holdover summary proceeding.

ORDERED that the order is reversed without costs and the branch of tenant's motion seeking summary judgment dismissing the petition is denied.

In this owner-occupancy holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524.4 [a]), landlord's notice of nonrenewal identified the premises to be recovered, the date by which tenant was to vacate, the identity of the person (landlord) who would occupy the premises as her primary residence, and the ground for the premises' recovery, to wit, that landlord was paying rent at another premises, and by inference, that she need no longer do so if occupying a unit in a building she owns. These assertions satisfy the relevant notice requirements (Rent Stabilization Code § 2524.2 [b]; see Giancola v Middleton, 73 AD3d 1056 [2010]).

Accordingly, the order granting the branch of tenant's motion seeking summary judgment dismissing the petition is reversed, and said branch of tenant's motion is denied.

Pesce, P.J., Golia and Rios, JJ., concur. [*2]
Decision Date: July 29, 2010