Elk 300 E 83 LLC v. Dowd

Appellate Terms of the Supreme Court of New York

Elk 300 E 83 LLC v. Dowd

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 2016

Docket2016 NYSlipOp 50976(U)

StatusPublished

This text of Elk 300 E 83 LLC v. Dowd (Elk 300 E 83 LLC v. Dowd) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elk 300 E 83 LLC v. Dowd, (N.Y. Ct. App. 2016).

Pincite

Opinion

Elk 300 E 83 LLC, Petitioner-Landlord-Appellant,

against

Rosemary Dowd, Respondent-Tenant, and Michael Dowd and Catherine Dowd, Respondents-Undertenants-Respondents.

Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New York County (Michael L. Weisberg, J.), dated December 23, 2015, which denied its motion for summary judgment of possession in a holdover summary proceeding.

Per Curiam.

Order (Michael L. Weisberg, J.), dated December 23, 2015, affirmed, with $10 costs.

We agree with Civil Court that this holdover proceeding is not susceptible to summary disposition, since petitioner failed to eliminate all triable issues of fact with respect to respondent Michael Dowd's family member succession defense (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6[d][3][i]). On this record, triable issues are presented as to when tenant permanently vacated the apartment, particularly since tenant's attorney-in-fact made rent payments to petitioner and accepted Department of Social Services' shelter checks during the period in which tenant resided in a nursing facility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 27, 2016

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Elk 300 E 83 LLC, Petitioner-Landlord-Appellant,

against

Rosemary Dowd, Respondent-Tenant, and Michael Dowd and Catherine Dowd, Respondents-Undertenants-Respondents.

Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New York County (Michael L. Weisberg, J.), dated December 23, 2015, which denied its motion for summary judgment of possession in a holdover summary proceeding.

Per Curiam.

Order (Michael L. Weisberg, J.), dated December 23, 2015, affirmed, with $10 costs.

We agree with Civil Court that this holdover proceeding is not susceptible to summary disposition, since petitioner failed to eliminate all triable issues of fact with respect to respondent Michael Dowd's family member succession defense (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6[d][3][i]). On this record, triable issues are presented as to when tenant permanently vacated the apartment, particularly since tenant's attorney-in-fact made rent payments to petitioner and accepted Department of Social Services' shelter checks during the period in which tenant resided in a nursing facility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 27, 2016

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Bluebook (online)

Elk 300 E 83 LLC v. Dowd, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elk-300-e-83-llc-v-dowd-nyappterm-2016.