[*1]
145 E. 16th St. LLC v Spencer
2012 NY Slip Op 51199(U) [36 Misc 3d 128(A)]
Decided on June 27, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 27, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570121/12.

145 East 16th Street LLC, Petitioner-Landlord Appellant, - -

against

Lynore Spencer a/k/a Lenore Spencer, Respondent-Tenant-Respondent, - and - Dana Spencer, David Gerstenhaber, "John Doe" and "Jane Doe," Respondents-Undertenants-Respondents.


Landlord appeals, as limited by its briefs, from that portion of an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated November 18, 2010, which granted tenant's preanswer motion to dismiss the petition in a holdover summary proceeding.


Per Curiam.

Order (Gerald Lebovits, J.), dated November 18, 2010, reversed, with $10 costs, motion denied, petition reinstated and matter remanded to Civil Court for further proceedings.

The July 2009 nonrenewal notice used by landlord in connection with the prior nonprimary residence proceeding brought against tenant was sufficient to serve as a predicate for this nonprimary residence proceeding instituted in June 2010, where the earlier proceeding had not been terminated at the time of commencement of this proceeding and where tenant was caused no discernible prejudice (see Arol Dev. Corp. v Goodie Brand Packing Corp., 84 Misc 2d 493, 495-496 [1975], affd 52 AD2d 538 [1976], appeal dismissed 39 NY2d 1057 [1976]).

In reinstating the petition, we do not pass upon landlord's application for use and occupancy and discovery, issues not reached below. Our disposition is without prejudice to landlord's right to renew its application for such relief in Civil Court.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 27, 2012