PLWJ Realty, Inc. v. Gonzalez

Appellate Division of the Supreme Court of New York

PLWJ Realty, Inc. v. Gonzalez

285 A.D.2d 370, 726 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 7011

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 5, 2001

StatusPublished

Cited by8 cases

This text of 285 A.D.2d 370 (PLWJ Realty, Inc. v. Gonzalez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

PLWJ Realty, Inc. v. Gonzalez, 285 A.D.2d 370, 726 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 7011 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order of the Appellate Term of the Supreme Court, First Department, entered October 25, 2000, which affirmed an order of the Civil Court, New York County (Ulysses Leverett, J.), entered on or about July 8, 1999, unanimously reversed, on the law and the facts, without costs, and the petition dismissed.

The petition should have been dismissed for the reasons stated by Phyllis Gangel-Jacob, J., in her dissenting memorandum at Appellate Term. The landlord brought this action as a holdover proceeding claiming that the tenant had illegally sublet the apartment. However, instead of as proof directed to an illegal sublet, the landlord’s evidence was submitted on the theory that the tenant no longer used the apartment as her primary residence. Civil Court found that this ground was proved, and awarded the landlord possession of the apartment. To sustain a claim based on non-primary residence, the landlord was required to serve the tenant with notice of its intent not to offer a renewal lease not more than 150 and not [371]*371less than 120 days before the end of the lease term (see, Golub v Frank, 65 NY2d 900; see also, Hudson Assocs. v Benoit, 226 AD2d 196). Since the landlord did not serve the tenant with the requisite notice, its petition should have been dismissed. Concur — Nardelli, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order of the Appellate Term of the Supreme Court, First Department, entered October 25, 2000, which affirmed an order of the Civil Court, New York County (Ulysses Leverett, J.), entered on or about July 8, 1999, unanimously reversed, on the law and the facts, without costs, and the petition dismissed.

The petition should have been dismissed for the reasons stated by Phyllis Gangel-Jacob, J., in her dissenting memorandum at Appellate Term. The landlord brought this action as a holdover proceeding claiming that the tenant had illegally sublet the apartment. However, instead of as proof directed to an illegal sublet, the landlord’s evidence was submitted on the theory that the tenant no longer used the apartment as her primary residence. Civil Court found that this ground was proved, and awarded the landlord possession of the apartment. To sustain a claim based on non-primary residence, the landlord was required to serve the tenant with notice of its intent not to offer a renewal lease not more than 150 and not [371]*371less than 120 days before the end of the lease term (see, Golub v Frank, 65 NY2d 900; see also, Hudson Assocs. v Benoit, 226 AD2d 196). Since the landlord did not serve the tenant with the requisite notice, its petition should have been dismissed. Concur — Nardelli, J. P., Mazzarelli, Ellerin, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

285 A.D.2d 370, 726 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 7011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plwj-realty-inc-v-gonzalez-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack