Opinion
570790/17
06-28-2018
SJS THOMPSON LLC, Petitioner–Landlord v. Rochelle M. SINGER, Respondent–Tenant–Respondent.
Per Curiam.
Order (Susan F. Avery, J.), dated November 14, 2017, affirmed, with $10 costs.
Civil Court properly granted tenant's pre-answer motion to dismiss the holdover petition pursuant to CPLR 3211 (a)(1), since the documentary evidence conclusively established a defense to the holdover petition (see Leon v Martinez , 84 NY2d 83, 88 [1994] ). Landlord's offer to renew the stabilized lease in June 2017, timely accepted by tenant, created an enforceable lease agreement, notwithstanding landlord's prior service of a notice of nonrenewal (see 123 W. 15, LLC v Compton , 4 Misc 3d 138[A], 2004 NY Slip Op. 50938[U] [App Term, 1st Dept 2004] ; Hakim v Muller , 2002 NY Slip Op. 50339[U] [App Term, 1st Dept 2002] ). "The fact that the landlord may not have intended the proposed lease ... to constitute a binding offer is immaterial because the statute requires that the offer be binding" (Matter of East 56th Plaza, Inc. v New York City Conciliation & Appeals Bd. , 56 NY2d 544, 546 [1982] ; see Jacreg Realty Corp. v Barnes , 284 AD2d 280, 280–281 [2001] ; 123 W. 15, LLC v Compton , 2004 NY Slip Op. 50938[U], *1).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.