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PINNACLE BRONX W. v. JENNINGS

570526/09.

29 Misc.3d 61 (2010)

910 N.Y.S.2d 335

PINNACLE BRONX WEST, LLC, Appellant, v. CARLTON JENNINGS, Respondent.

Supreme Court, Appellate Term, First Department.

Decided September 16, 2010.

Attorney(s) appearing for the Case

Horing, Welikson & Rosen, P.C., Williston Park, for appellant.

Edward Kravitz , Brooklyn, for respondent.

McKEON, P.J., SHULMAN and HUNTER, JR., JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, insofar as appealed from, affirmed, without costs.

The landlord's prior acceptance of a Section 8 rent subsidy constituted a "term and condition" of the tenant's expired stabilized lease agreement (see Rent Stabilization Code [9 NYCRR] § 2522.5 [g] [1]), so that the tenant's 2007 "deemed" lease renewal was required to continue with that term and condition (see Rosario v Diagonal Realty, LLC,...

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