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NEW YORK CITY PROPERTY MANAGEMENT v. SANTOS

18 Misc.3d 5 (2007)

853 N.Y.S.2d 446

NEW YORK CITY PROPERTY MANAGEMENT, LLC, Respondent, v. EDITA O. SANTOS, Respondent, and FREDDY FERMIN, Appellant.

Supreme Court, Appellate Term, First Department.

November 16, 2007.

Attorney(s) appearing for the Case

Northern Manhattan Improvement Corporation, New York City (Kenneth Rosenfeld and Matthew J. Chachère of counsel), for appellant.

Horing, Welikson & Rosen, P.C., Williston Park (Debra Genetin Tate of counsel), for New York City Property Management, LLC, respondent.

McKEON, P.J., and HEITLER, J., concur; McCOOE, J.

OPINION OF THE COURT

Per Curiam.

Order, dated May 19, 2006, affirmed, with $10 costs. Appeal from order, dated November 9, 2006, dismissed, without costs, as taken from a nonappealable order.

We agree, essentially for reasons stated by the motion court, that the holdover proceeding is not ripe for summary dismissal on the preanswer record so far developed, which raises triable issues as to whether...

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