151 Daniel Low, LLC v Gassab (2014 NY Slip Op 50637(U))

151 Daniel Low, LLC v Gassab

2014 NY Slip Op 50637(U) [43 Misc 3d 134(A)]

Decided on April 7, 2014

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This opinion is uncorrected and will not be published in the printed Official Reports.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

151 Daniel Low, LLC, Respondent,

against

Chedly Gassab, Appellant.

Appeal from a final judgment of the Civil Court of the City of New York, Richmond County (Marina C. Mundy, J.), entered August 7, 2012. The final judgment, after a nonjury trial, awarded landlord possession and the principal sum of $2,639.88 in a nonpayment summary proceeding.

ORDERED that the final judgment is reversed, without costs, and the petition is dismissed without prejudice.

Landlord commenced this nonpayment proceeding, pursuant to RPAPL 711 (2), to recover the unpaid rent for the months of March, April, May and June 2012. Following a nonjury trial, landlord was awarded a final judgment of possession and arrears. On appeal, tenant contends, among other things, that landlord failed to prove that it had complied with the multiple dwelling registration requirements.

Administrative Code of the City of New York § 27-2107 (b) and Uniform Rules for New York City Civil Court (22 NYCRR) § 208.42 (g) provide that a landlord must allege a building's multiple dwelling registration information in a petition brought pursuant to RPAPL 711. Multiple Dwelling Law § 325 (2) states that "no rent shall be recovered by the owner of a multiple dwelling who fails to comply with such registration requirements until he complies with such requirements." The failure to plead and prove registration information in a nonpayment proceeding pursuant to RPAPL 711 (2) is a total bar to the relief sought, i.e., possession based on nonpayment of rent as well as recovery of the rent sought (see Matter of Blackgold Realty Corp. v Milne, 69 NY2d 719 [1987] Czerwinski v Hayes, 8 Misc 3d 89 [App Term, 2d & 11th Jud Dists 2005]).

Landlord satisfied the pleading requirements by alleging, in its petition, that the subject premises, located at 151 Daniel Low Terrace, Staten Island, New York, is a multiple dwelling and that there is a currently effective registration statement on file, and by providing the multiple dwelling registration number, the registered managing agent's name, and the address of the managing agent. However, at trial, landlord failed to establish that the premises was, in fact, currently registered, since the registration statement it submitted as proof thereof (Petitioner's Exhibit 3) was for another building, not for the subject premises. Accordingly, the final judgment is reversed and the petition is dismissed without prejudice.