Opinion
570595/04, 04-388.
Decided October 18, 2005.
Landlord appeals from an order of the Civil Court, New York County, entered July 13, 2004 (Michelle D. Schreiber, J.), which granted tenant Carol Leland's motion to dismiss the petition in a holdover summary proceeding.
Order entered July 13, 2004 (Michelle D. Schreiber, J.) affirmed, with $10 costs.
PRESENT: December 2004 Term Suarez, P.J., Gangel-Jacob, Schoenfeld, JJ.
Landlord commenced this holdover proceeding to recover rent-stabilized premises on the ground that the named tenant harbored pets without its permission, in violation of the lease. The tenant moved to dismiss, pursuant to CPLR 3211(a)(10), on the ground that her husband, as a co-tenant, is a necessary party who was not named and served. Charles Leland has apparently been separated from the named tenant since 2002, although he has submitted an affidavit in support of his wife's dismissal motion, stating that they are not divorced. When the named tenant signed her husband's name on the latest renewal lease in 2002, apparently with his approval, petitioner refused to return a fully executed copy, but no steps were taken to correct the names on the lease.
In light of the fact that dismissal of this proceeding was not on the merits, that disposition was without prejudice to landlord's recommencement upon joinder of Charles Leland as a necessary party, in light of his status as a named tenant on the lease ( see Stanford Realty Assoc. v. Rollins, 161 Misc 2d 754; Katz Park Ave. Corp. v. Olden, 158 Misc 2d 541).
This constitutes the decision and order of the Court.