Ashley Realty Corp. v. Knight

Full title: ASHLEY REALTY CORP., Petitioner-Landlord-Appellant, v. ANDREW KNIGHT…

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

Date published: May 19, 2009

2009 N.Y. Slip Op. 50960 (N.Y. App. Term 2009)

Opinion

570437/08.

Decided on May 19, 2009.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Oymin Chin, J.), dated May 29, 2008, which granted tenant's motion to dismiss the petition in a holdover summary proceeding.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

Order (Oymin Chin, J.), dated May 29, 2008, reversed, with $10 costs, motion denied, and petition reinstated.

The notice of nonrenewal underlying this holdover summary proceeding was not invalidated by any claimed illegibility of the signature of landlord's corporate officer ( see 430 Realty Co. v Alpert, NYLJ, Feb. 3, 1993, at 21, col 5 [App Term, 1st Dept]), who is the registered managing agent of the building premises and with whom tenant undisputedly had prior dealings ( see 54-55 St. Co. v Torres, 171 Misc 2d 237).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.