Opinion
570084/09.
Decided March 19, 2010.
Respondent Sergei Frolov appeals from 1) an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated December 9, 2008, which denied his cross motion to amend his answer in a holdover summary proceeding, 2) an order (same court and Judge), dated December 9, 2008, which denied his cross motion for leave to conduct disclosure, and 3) a final judgment (same court and Judge), entered December 9, 2008, which, upon an order granting petitioner's motion for summary judgment, awarded possession to petitioner.
PRESENT: McKeon, P.J., Schoenfeld, J.
Final judgment (Gerald Lebovits, J.), entered December 9, 2008, affirmed, without costs. Appeals from orders (Gerald Lebovits, J.), dated December 9, 2008, dismissed as subsumed in the appeal from the final judgment.
Appellant, who was not a signatory to any lease agreement and never paid rent to petitioner, failed to raise a triable issue with respect to whether he had any cognizable possessory interest in the subject apartment, which is situated in building premises operated under the Tenant Interim Lease Program. Any occupancy rights appellant may have acquired were subordinate to the tenancy rights of the (defaulting) record tenant ( see 170 West 85th St. Tenants Assn. v Cruz, 173 AD2d 338), whose tenancy was properly terminated by petitioner.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.