| 55th St. Mark's Place Real Estate Holding Co., Inc. v Martin |
| 2008 NY Slip Op 52517(U) [21 Misc 3d 144(A)] |
| Decided on December 16, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from 1) a final judgment of the Civil Court of the City of New York, New
York County (John S. Lansden, J.), entered March 21,2007, after a nonjury trial, awarding
possession to landlord in a holdover summary proceeding, and 2) an order of the same court
(Laurie L. Lau, J.), dated May 11, 2006, which denied tenant's motion to dismiss the petition, and
3) an order of the same court (Laurie L. Lau, J.), dated June 13, 2006, which denied tenant's
motion for leave to conduct discovery.
Per Curiam.
Final Judgment (John S. Lansden, J.), entered March 21,2007, and orders (Laurie L. Lau, J.), dated May 11, 2006 and June 13, 2006, affirmed, with one bill of $25 costs.
We agree that tenant lacks standing to challenge the cooperative conversion of the subject building premises because he did not live there at the time of the conversion (see Suero v Fort I Group, L.P., 305 AD2d 180 [2003], lv denied 1 NY3d 507 [2004]; Tenants United at: 20 Magaw Place v Attorney Gen. of the State of New York, 260 AD2d 161, 161-162 [1999]; 1036 Park Corp. v Francis, 117 Misc 2d 1020 [1983]). The record evidence supports the trial court's finding that while the landlord did not obtain the Attorney General's approval of the cooperative conversion in accordance with the General Business Law, its shareholders occupied and maintained the subject premises since 1973 well before tenant took possession as a de facto cooperative (see O'Flaherty v. Schwimmer, 158 Misc 3d 420 [1993], affd 208 AD2d 425 [1994]).
We have considered tenant's remaining arguments and find them without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 16, 2008