339-347 E 12TH ST LLC v. LING

11-088.

35 Misc.3d 30 (2012)

942 N.Y.S.2d 862

2012 NY Slip Op 22056

339-347 E. 12TH ST. LLC, Appellant, v. THOMAS LING, Respondent, et al., Respondent.

Supreme Court, Appellate Term, First Department.

Decided March 8, 2012.


Attorney(s) appearing for the Case

Rose & Rose, New York City ( David P. Haberman of counsel), for appellant.

Thomas Ling , New York City, respondent pro se, and for Huw Beynon, respondent.

HUNTER, JR., J.P., SCHOENFELD and TORRES, JJ., concur.


OPINION OF THE COURT

PER CURIAM.

Order, dated October 22, 2010, reversed, with $10 costs, motion denied, and petition reinstated.

This holdover summary proceeding, ostensibly based upon the expiration of the residential tenant's most recent unregulated lease agreement, is not susceptible to summary dismissal. Even assuming, without deciding, that tenant's proof was sufficient to give rise to the statutory...

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