Opinion
No. 570121/12.
2012-06-27
145 EAST 16TH STREET LLC, Petitioner–Landlord Appellant, v. Lynore SPENCER a/k/a Lenore Spencer, Respondent–Tenant–Respondent, and Dana Spencer, David Gerstenhaber, “John Doe” and “Jane Doe,” Respondents–Undertenants–Respondents.
Landlord appeals, as limited by its briefs, from that portion of an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated November 18, 2010, which granted tenant's preanswer motion to dismiss the petition in a holdover summary proceeding.
Present LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Gerald Lebovits, J.), dated November 18, 2010, reversed, with $10 costs, motion denied, petition reinstated and matter remanded to Civil Court for further proceedings.
The July 2009 nonrenewal notice used by landlord in connection with the prior nonprimary residence proceeding brought against tenant was sufficient to serve as a predicate for this nonprimary residence proceeding instituted in June 2010, where the earlier proceeding had not been terminated at the time of commencement of this proceeding and where tenant was caused no discernible prejudice ( see Arol Dev. Corp. v. Goodie Brand Packing Corp., 84 Misc.2d 493, 495–496 [1975],affd52 A.D.2d 538 [1976],appeal dismissed39 N.Y.2d 1057 [1976] ).
In reinstating the petition, we do not pass upon landlord's application for use and occupancy and discovery, issues not reached below. Our disposition is without prejudice to landlord's right to renew its application for such relief in Civil Court.