Opinion
No. 570980/10.
2013-07-2
REGINA METROPOLITAN CO., LLC, Petitioner–Landlord–Respondent, v. Barry HARTHEIMER, and Julian Hartheimer, “John Doe” & “Jane Doe,” Respondents–Undertenants.
Appellant's present contention that issuance of a certificate of eviction by DHCR was a sine qua non of petitioner's possessory claim, being nonjurisdictional, was waived since not timely raised ( see 433 W. Assoc. v. Murdock, 276 A.D.2d 360, 361 [2000] ) and, in any event, is lacking in merit ( see Cox v. J.D. Realty Assoc., 217 A.D.2d 179, 181 [1995];Bromer v. Rosensweig, 166 Misc.2d 201 [1995] ).