| New York Univ. v Kopper's Chocolate Specialty Co., Inc. |
| 2006 NY Slip Op 50709(U) [11 Misc 3d 142(A)] |
| Decided on April 25, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected in part through May 2, 2006; it will not be published in the printed Official Reports. |
Landlord, as limited by its brief, appeals from (1) an order of the Civil Cout, New York County, (Michelle D. Schreiber, J.), entered December 30, 2003, which denied its motion for summary judgment; and (2) an order (same court and Judge), entered November 4, 2004, which, inter alia, granted respondent Alexander's cross motion for summary judgment dismissing the petition in a summary holdover proceeding.
PER CURIAM:
Orders (Michelle D. Schreiber, J.), entered November 4, 2004 and December 30, 2003, affirmed, with $10 costs.
This nonprimary residence proceeding was properly dismissed. Although the initial 1982 lease was issued solely in the name of the corporate tenant, at least four subsequent renewal leases identified respondent Alexander as a tenant and occupant of the stabilized apartment premises. Moreover, landlord's real estate director candidly admitted at deposition that he "understood that the apartment would be for" Alexander, to be "occupied by her only." In this posture, the possibility of a "perpetual tenancy" was obviated (see 220 West 98 Realty, LLC. v. New York Province of the Society of Jesus, 291 AD2d 13 [2002]; cf. Avon Bard Co. v. Aquarian Foundation, 260 AD2d 207 [1999], appeal dismissed 93 NY2d 998 [1999]). Since it is undisputed that Alexander, the original occupant, has remained in sole and continuous [*2]possession for over two decades, the holdover petition was properly dismissed.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: April 25, 2006