Opinion
21-003
01-22-2021
526 WEST 158TH STREET, HDFC, Petitioner-Landlord-Respondent, v. Dirso RAMON, Respondent-Tenant-Appellant.
Per Curiam.
Order (Evon M. Asforis, J.), entered September 18, 2019, affirmed, with $10 costs.
Civil Court providently exercised its discretion ingranting landlord's motion to discontinue this holdover proceeding without conditioning discontinuance on the payment of tenant's attorneys’ fees (see CPLR 3217[b] ; New York Downtown Hosp. v Terry, 80 AD3d 493 [2011] ). Landlord's possessory claim did not appear frivolous and landlord asserted good faith reasons for its decision to withdraw the claim after discovery raised questions about the nature of tenant's occupancy (see Matter of Lawrence, 79 AD3d 417 [2010] ; see also DKR Mtge. Asset Trust 1 v Rivera , 130 AD3d 774, 776 [2015] ). We note that landlord expeditiously moved to discontinue the proceeding upon learning the information that raised such questions.
Tenant's remaining contentions are academic in light of our determination, and in any event are without merit.
All concur