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449 Second Corp. v. Napoli

Appellate Term of the Supreme Court of New York, First Department
Jun 29, 2006
2006 N.Y. Slip Op. 51225 (N.Y. App. Term 2006)

Opinion

570143/06.

Decided June 29, 2006.

Tenant appeals from an order of the Civil Court, New York County (Maria Milin, J.), dated February 10, 2006, which denied his motion for summary judgment dismissing the petition in a nonprimary residence holdover proceeding.

Order (Maria Milin, J.), dated February 10, 2006, affirmed, with $10 costs.

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ


The rent controlled tenant's present challenge to the sufficiency of the notice of termination underlying this nonprimary residence holdover proceeding is raised for the first time on appeal, and thus is not properly before us ( see Rocky 116 L.L.C. v. Weston, 195 Misc 2d 363, 364-365). In any event, the termination notice adequately set forth the ground for tenant's eviction, as well as the "facts necessary to establish the existence of such ground" ( 9 NYCRR 2204.3[b]) by specifying two alternate residences — one in Ramsey, New Jersey, and the other in Wurtsboro, New York — said to be used by tenant and by identifying various utility, telephone, and automobile-related documents issued to tenant listing those addresses. Nor is a basis for summary dismissal of the proceeding found in tenant's (unsubstantiated) assertion that the allegations set forth in the notice were "factually untrue" ( see Rocky 116 L.L.C.v Weston, 195 Misc 2d at 365).

This constitutes the decision and order of the Court.


Summaries of

449 Second Corp. v. Napoli

Appellate Term of the Supreme Court of New York, First Department
Jun 29, 2006
2006 N.Y. Slip Op. 51225 (N.Y. App. Term 2006)
Case details for

449 Second Corp. v. Napoli

Case Details

Full title:449 SECOND CORP., Petitioner-Landlord-Respondent, v. MICHAEL J. NAPOLI…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 29, 2006

Citations

2006 N.Y. Slip Op. 51225 (N.Y. App. Term 2006)
820 N.Y.S.2d 842