Opinion
570331/09.
Decided on June 30, 2009.
Landlord appeals from (1) an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated July 9, 2007, which denied its cross motion for summary judgment and granted tenant's motion to dismiss the petition in a holdover summary proceeding; and (2) an order (same court and Judge), entered November 29, 2007, which upon reargument, adhered to its prior determination.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
Order (Gary F. Marton, J.), dated July 9, 2007, modified, with $10 costs, by reinstating the petition and remanding the matter for a hearing consistent with this decision. Appeal from order (same court and Judge), entered November 29, 2007, dismissed, without costs, as academic. Annexed to tenant's initial stabilized lease agreement was a rider in which landlord agreed to rent the apartment premises "at a preferred tenant rate of $600 monthly in lieu of rehab to be done by tenant." Tenant's lease was periodically renewed with increases based upon the preferential rate. Inasmuch as the terms of the preferential lease rider "appear to be open-ended concerning the duration of the preferential rent," and the contracting parties'"intent cannot be unequivocally ascertained from the four corners of that agreement," a hearing on the issue of intent is warranted ( Matter of Pastreich v New York State Div. Of Hous. Community Renewal, 50 AD3d 384, 387).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: June 30, 2009