Henry Phipps Plaza S. Assoc. v. Peterson

Full title: HENRY PHIPPS PLAZA SOUTH ASSOC., Petitioner-Landlord v. SYLVIA PETERSON…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 11, 2010

2010 N.Y. Slip Op. 50391 (N.Y. App. Term 2010)

907 N.Y.S.2d 437

Opinion

570347/09.

Decided March 11, 2010.

Tenant Peterson and respondent Peacock appeal from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman-Brown, J.), entered December 2, 2008, after a nonjury trial, which awarded possession to petitioner-landlord in a holdover summary proceeding.

Final judgment (Pam B. Jackman-Brown, J.), entered December 2, 2008, affirmed, without costs.

PRESENT: McKEON, P.J., HUNTER, J.

PER CURIAM.

In defense of the holdover petition, tenant did not seriously contest petitioner-landlord's allegations that she does not maintain the subject apartment as her primary residence, but instead sought to "turn over" the apartment to her niece, respondent Peacock. In the absence of the requisite showing that respondent Peacock was entitled to succeed to the Section 8 tenancy ( see generally Franco v Harris, 93 NY2d 823; cf. 2013 Amsterdam Ave. Hous. Assoc. v Wells , 10 Misc 3d 142 [A], 2006 NY Slip Op 50084 [2006]), the trial court properly awarded possession to petitioner.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.