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FS 41-45 TIEMANN v. ESTRELLA

38 Misc.3d 29 (2012)

958 N.Y.S.2d 860

2012 NY Slip Op 22381

FS 41-45 TIEMANN PLACE LLC, Appellant, v. TERESA ESTRELLA, Also Known as TERESA SILVERIO, Respondent, et al., Undertenants.

Supreme Court, Appellate Term, First Department.

Decided December 21, 2012.

Attorney(s) appearing for the Case

Adam Leitman Bailey, PC., New York City ( Jeffrey R. Metz of counsel), for appellant. Northern Manhattan Improvement Corporation Legal Services, New York City ( Alan G. Morley and Kenneth Rosenfeld of counsel), for respondent.

LOWE, III, P.J., SHULMAN and TORRES, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated April 26, 2011, reversed, with $10 costs, motion denied, and petition reinstated.

This holdover summary proceeding, premised upon the stabilized tenant's alleged nonprimary residence, is not ripe for summary dismissal. The limited record now before us raises several mixed questions of law and fact, including whether the (unaccepted) renewal lease offer transmitted by a "back office" employee of the landlord...

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