Brown v. 165 Conover Assoc.

Full title: YVONNE BROWN, Respondent, v. 165 CONOVER ASSOC., Appellant

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

Date published: Oct 21, 2004

2004 N.Y. Slip Op. 51244 (N.Y. App. Term 2004)

Opinion

2003-1759 KC.

Decided October 21, 2004.

Appeal by landlord from an order of the Civil Court, Kings County (D. Jimenez, J.), dated March 9, 2003, deemed (CPLR 5520 [c]) an appeal from the final judgment, entered August 10, 2004 pursuant thereto, awarding possession to petitioner in this RPAPL 713 (10) proceeding.

Final judgment unanimously reversed without costs, order vacated, and petition dismissed.

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.

Since petitioner, the sister of the deceased tenant of record, did not claim tenancy rights, her status was that of a mere licensee whose license expired upon the death of the tenant of record. In these circumstances, restoration should not be granted ( Matter of 110-45 Queens Blvd. Garage v. Park Briar Owners, 265 AD2d 415; Wagman v. Smith, 161 AD2d 704; Khelemskaya v. 7901 Realty Corp., NYLJ, Mar. 19, 1996 [App Term, 2d 11th Jud Dists]). Accordingly, the final judgment is reversed and the petition dismissed.