Opinion
No. 2013–1604KC.
06-11-2015
ADELPHI ASSOCIATES, LLC, Respondent, v. Jacqueline TORUNO, Appellant, and “John Doe” and “Jane Doe,” Undertenants.
Opinion
ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (CCA 1702 ; see Greenfield v. Tassinari, 8 A.D.3d 529 [2004] ); and it is further,
ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.
In this RPAPL 713(7) licensee proceeding, the Civil Court, following a nonjury trial, awarded landlord possession.
The petition and attached notice of termination allege that landlord, as licensor, terminated Jacqueline Toruno's (occupant's) license. However, the trial testimony established that occupant's father is the tenant of record. As landlord did not allege or prove that it had terminated occupant's father's rent-stabilized tenancy, or that he had surrendered his interest, as was required under the circumstances presented in order for landlord to obtain possession in a summary proceeding (see Valley Dream Hous. Co. v. Lupo, 11 Misc.3d 130[A], 2006 N.Y. Slip Op 50303[U] [App Term, 9th & 10th Jud Dists 2006] ; see also 170 W. 85th St. Tenants Assn. v. Cruz, 173 A.D.2d 338 [1991] ), the petition should have been dismissed.
Accordingly, the final judgment is reversed and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.
WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.