525 Park Avenue Associates v. De Hoyas

Full title: 525 PARK AVENUE ASSOCIATES, Appellant, v. SALVADOR DE HOYAS, Respondent

Court: Court of Appeals of the State of New York

Date published: Dec 19, 1986

504 N.E.2d 388 (N.Y. 1986)

504 N.E.2d 388

512 N.Y.S.2d 21

Opinion

Decided December 19, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Margaret Taylor, J.

C. Daniel Chill for appellant. Donald Eng for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum of that court ( 121 A.D.2d 908). Moreover, we hold that the filing of a Rent Stabilization Code § 54 (D) application does not preserve a landlord's right to refuse a renewal of a lease on nonprimary residence grounds, pursuant to section 54 (E) where no notice of such intent has been timely given (see, Golub v Frank, 65 N.Y.2d 900; compare, Crow v 83rd St. Assoc., 68 N.Y.2d 796 [Omnibus Housing Act (L 1983, ch 403) did not implicitly repeal the Golub notice requirement of Rent Stabilization Code § 60]).

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.