Elk 300 E 83 LLC v. Dowd

Full title: ELK 300 E 83 LLC, Petitioner–Landlord–Appellant, v. Rosemary DOWD…

Court: Supreme Court, Appellate Term, First Department, New York.

Date published: Jun 27, 2016

38 N.Y.S.3d 830 (N.Y. App. Term 2016)

Opinion

No. 570164/16.

06-27-2016

ELK 300 E 83 LLC, Petitioner–Landlord–Appellant, v. Rosemary DOWD, Respondent–Tenant, and Michael Dowd and Catherine Dowd, Respondents–Undertenants–Respondents.

PER CURIAM.

We agree with Civil Court that this holdover proceeding is not susceptible to summary disposition, since petitioner failed to eliminate all triable issues of fact with respect to respondent Michael Dowd's family member succession defense (see New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6[d][3][i] ). On this record, triable issues are presented as to when tenant permanently vacated the apartment, particularly since tenant's attorney-in-fact made rent payments to petitioner and accepted Department of Social Services' shelter checks during the period in which tenant resided in a nursing facility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.