Opinion
570056/10.
Decided November 18, 2010.
Respondent Steven Schweiger appeals from a final judgment of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered September 21, 2009, which, upon an order granting petitioners' motion for summary judgment, awarded possession to petitioners in a holdover summary proceeding.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Final judgment (David J. Kaplan, J.), entered September 21, 2009, affirmed, with $25 costs.
The record demonstrates that respondent-undertenant had a full and fair opportunity to litigate his illusory tenancy claim before the Division of Housing and Community Renewal (DHCR), that the agency specifically rejected his claim on the merits, and that Supreme Court dismissed his CPLR article 78 petition challenging the agency determination. Therefore, Civil Court properly rejected respondent-undertenant's attempt to collaterally attack the agency determination in this holdover summary proceeding ( see Grassini v Paravalos, 270 AD2d 52). Accordingly, the court properly granted petitioners-landlords' motion for summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.