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155 W. 81st St. Assoc. v Paredes
2010 NY Slip Op 50472(U) [26 Misc 3d 145(A)]
Decided on March 19, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 19, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.


155 West 81st Street Associates, -Respondent, 570499/08

against

Marcos Paredes, Respondent-Tenant-Appellant, -and- Jose Paredes and "John Doe" and/or "Jane Doe," Respondents-Undertenants.


Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), entered May 9, 2008, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.


Per Curiam.

Final judgment (Pam B. Jackman Brown, J.), entered May 9, 2008, reversed, without costs, and final judgment awarded to tenant dismissing the holdover petition.

The informal occupancy arrangement between tenant and his brother vaguely depicted in the record was not shown to constitute an illegal sublet, there being no evidence that the brother was obligated to pay or actually paid any rent or that his "occupancy is by virtue of a right that cannot be revoked for a fixed period of time" (445/86 Owners Corp. v Haydon, 300 AD2d 87, 88 [2002]). Any issue concerning tenant's primary residence raised by his nursing home stay is more appropriately resolved in the context of a holdover proceeding based upon that ground.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 19, 2010