Opinion
570224/07.
Decided on February 8, 2008.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated January 3, 2007, which granted respondent Zagury's motion for summary judgment dismissing the petition.
Order (Jean T. Schneider, J.), dated January 3, 2007, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Inasmuch as respondent Elie Zagury was named as a cotenant on the original stabilized lease and all subsequent lease renewals, and was identified as cotenant in the DHCR registration forms and rent bills prepared by landlord, he may not be evicted as a mere licensee after the death of his wife, the cotenant ( see 9 NYCRR § 2520.6 [d]). That the cotenant alone signed the most recent renewal forms did not serve to extinguish respondent's independent tenancy interest firmly established in this record.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.