Opinion
570134/05.
Decided September 28, 2005.
Petitioner appeals from an order of the Civil Court of the City of New York, Bronx County, entered September 29, 2003 (Howard Malatzky, J.) which denied his motion for summary judgment and, searching the record, dismissed the summary holdover proceeding "without prejudice".
Order entered September 29, 2003 (Howard Malatzky, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Civil Court properly dismissed this holdover summary proceeding commenced by a former owner of a residential condominium apartment against respondent Jones, the current owner of the apartment. No basis for eviction was shown on this record, which contains no indication that Jones was not a good faith purchaser for value at the time that she took title to the apartment in April 2000 ( see Aubrey Equities v. Goldberg, 247 AD2d 253, lv denied 92 NY2d 802). As the motion court correctly recognized, the unappealed Supreme Court order of September 7, 2001 which vacated the judgment of foreclosure neither "addressed [Jones'] interest in the premises [n]or voided the deed to her." In this posture, we agree that petitioner has not shown entitlement to a possessory remedy against Jones ( id.; see also 6820 Ridge Realty, LLC v. Goldman, 263 AD2d 22, 26). We reach no other issue.
This constitutes the decision and order of the court.