Opinion
570448/05, 05-286.
Decided October 20, 2005.
Tenant appeals from that portion of an order of the Civil Court, New York County, entered February 9, 2005 (Jean T. Schneider, J.) which denied her motion to dismiss the petition in an owner occupancy holdover proceeding.
Order entered February 9, 2005 (Jean T. Schneider, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
We agree that petitioner qualified as an "owner" under Rent Stabilization Code § 2520.6(i) and was a proper party to maintain this owner occupancy proceeding ( see Rent Stabilization Code §§ 2524.2[c][3] and 2524.4[a]). Three weeks prior to service of the notice of nonrenewal upon tenant, title had been transferred from a corporate landlord to petitioner and two other individual co-owners. Any delay in recording the deed did not impair the conveyance to petitioner ( see Schmidt-Sarosi v. Devies, NYLJ, October 27, 1994, at 27, col 2 [App Term, 1st Dept]). Under these circumstances, there is no merit to tenant's claim that she was entitled to reject petitioner's notice of nonrenewal because petitioner was a "stranger to the transaction" ( cf. Siegel v. Kentucky Fried Chicken, 108 AD2d 218, affd 67 NY2d 792).
This constitutes the decision and order of the court.