Opinion
No. 2010–2618SC.
2012-10-11
FIRST CENTRAL SAVINGS BANK, Respondent, v. Jose YGLESIA, Appellant, and Magdelena Yglesia, Jose Nicholas Ynoa Nunez and “Jane Doe”, Occupants.
Present: IANNACCI, J.P., MOLIA and LaCAVA, JJ.
Appeal from a final judgment of the District Court of Suffolk County, Fifth District (Dennis M. Cohen, J.), entered September 22, 2010. The final judgment, insofar as appealed from, after a nonjury trial, awarded possession to petitioner as against occupant Jose Yglesia in a summary proceeding brought pursuant to RPAPL 713(5).
ORDERED that the final judgment, insofar as appealed from, is reversed, without costs, and final judgment is directed to be entered dismissing so much of the petition as is against occupant Jose Yglesia.
In this summary proceeding by a purchaser in foreclosure (RPAPL 713[5] ), Jose Yglesia (occupant) appeals from so much of a final judgment as awarded possession to petitioner as against him. The uncontroverted evidence at the nonjury trial established that the subject house was the residence of three families living independently of each other, with each unit having its own entrance, kitchen and bathroom, and with each unit being separately possessed. In these circumstances, petitioner was required to maintain a separate summary proceeding to recover possession of each of the separate units and could not maintain a single proceeding to recover the entire house ( see City of New York v. Mortel, 161 Misc.2d 681 [App Term, 2d & 11th Jud Dists 1994]; see also Sherhan v. Numyal Food, 3 Misc.3d 129[A], 2004 N.Y. Slip Op 50374[U] [App Term, 2d & 11th Jud Dists 2004] ). Accordingly, the final judgment, insofar as appealed from, is reversed and final judgment is directed to be entered dismissing so much of the petition as is against occupant.