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53-63 Partners, L.P. v. Paez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
May 31, 2019
63 Misc. 3d 158 (N.Y. App. Term 2019)

Opinion

570089/19

05-31-2019

53-63 PARTNERS, L.P., Petitioner-Landlord-Appellant, v. Regina PAEZ, Respondent-Tenant-Respondent, and "John Doe" and "Jane Doe," Respondents-Undertenants.


Per Curiam.

Order (Heela D. Capell, J.), dated May 18, 2018, affirmed, with $ 10 costs.

This holdover proceeding, premised upon allegations that the rent stabilized tenant breached her lease by failing to maintain her section 8 benefits (see generally Rosario v. Diagonal Realty, LLC , 8 NY3d 755 [2007], cert denied 552 US 1141 [2008] ), was properly dismissed on tenant's motion. The documentary evidence establishes that tenant's section 8 subsidy was subsequently reinstated. In the circumstances, we agree that the eviction remedy sought by landlord does not lie (see DU 1st Realty Co. LP v. Robinson, 35 Misc 3d 138[A], 2012 NY Slip Op 50840[U] [App Term, 1st Dept 2012] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

53-63 Partners, L.P. v. Paez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
May 31, 2019
63 Misc. 3d 158 (N.Y. App. Term 2019)
Case details for

53-63 Partners, L.P. v. Paez

Case Details

Full title:53-63 Partners, L.P., -Appellant, v. Regina Paez…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: May 31, 2019

Citations

63 Misc. 3d 158 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 50851
115 N.Y.S.3d 798

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