| Retained Realty Inc. v Zwicker |
| 2014 NY Slip Op 51852(U) [46 Misc 3d 133(A)] |
| Decided on December 30, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), entered October 9, 2013, which denied its motion for summary judgment of possession and granted the cross motion of respondent Zwicker to dismiss the petition in a holdover summary proceeding.
Per curiam.
Order (Sabrina B. Kraus, J.), entered October 9, 2013, affirmed, with $10 costs, for the reasons stated by Sabrina B. Kraus, J. at Civil Court.
We agree that a licensee holdover proceeding, predicated upon a 10—day notice to quit, does not lie in the facts and circumstances of record, where respondent Zwicker entered into possession of the apartment premises as a tenant pursuant to a proprietary lease agreement (see Federal Home Loan Mtge. Assn. v Perez, 40 Misc 3d 1 [App Term 9th and 10th Jud. Dists 2013]).