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Klein Props., LLC v Estate of Katherine Hammonds
2011 NY Slip Op 52134(U) [33 Misc 3d 140(A)]
Decided on November 17, 2011
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2010-1400 W C.

Klein Properties, LLC and COTTAGE REALTY ASSOCIATES, LLC, Respondents, The

against

Estate of Katherine Hammonds, and ALL OTHERS, "JOHN and/or JANE DOE", Tenants, -and- REGENE HAMMONDS, Appellant.


Appeal from a decision of the City Court of Mount Vernon, Westchester County (Helen M. Blackwood, J.), dated April 29, 2010, deemed from a final judgment of the same court entered June 8, 2010 (see CPLR 5512 [a]). The final judgment, after a nonjury trial, awarded landlord possession and the principal sum of $834.79 in a holdover summary proceeding.


ORDERED that the final judgment is reversed, without costs, and a final judgment is directed to be entered dismissing the petition.

Landlord commenced this holdover summary proceeding to obtain possession of the subject rent-regulated apartment from the estate of the deceased tenant on the ground that the apartment had been illegally sublet. As landlord, at a nonjury trial, failed to demonstrate that the occupancy by tenant's daughter was an illegal sublet (see 155 W. 81st St. Assoc. v Paredes, 26 Misc 3d 145[A], 2010 NY Slip Op 50472[U] [App Term, 1st Dept 2010]; B & B Manhattan, LLC v Sack, 23 Misc 3d 127[A], 2009 NY Slip Op 50543[U] [App Term, 1st Dept 2009]), the final judgment is reversed and a final judgment is directed to be entered dismissing the petition.

We pass on no other issue.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: November 17, 2011