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KATZ PARK AVE. v. JAGGER

46 A.D.3d 186 (2007)

843 N.Y.S.2d 329

KATZ PARK AVENUE CORP., Appellant, v. BIANCA JAGGER, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 2007.

Attorney(s) appearing for the Case

Pryor Cashman Sherman & Flynn LLP, New York City (Todd E. Soloway and Joshua D. Bernstein of counsel), for appellant.

Law Office of Ryan S. Goldstein, P.L.L.C., New York City (Ryan S. Goldstein of counsel), for respondent.

MARLOW and McGUIRE, JJ., concur with SULLIVAN, J.; TOM, J.P., and MALONE, J., dissent in a separate opinion by MALONE, J.

OPINION OF THE COURT

SULLIVAN, J.

Defendant Jagger, pursuant to a written lease, is the tenant of an apartment in plaintiff's building. In November 2003, plaintiff landlord served notice of nonrenewal, on nonprimary residence grounds, of the lease due to expire on February 29, 2004 (see Rent Stabilization Code [9 NYCRR] § 2524.2 [c] [2]; § 2524.4 [c]). In June 2004, it commenced an action for ejectment in the Supreme Court based on the same...

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