Opinion
570638/06.
Decided December 21, 2007.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated September 15, 2006, which denied his motion to renew his opposition to tenants' previously granted motion for summary judgment dismissing the nonpayment petition and awarding tenants a recovery on their counterclaim for rent overcharges.
PRESENT: McKeon, P.J., Davis, Heitler, JJ.
Order (Gerald Lebovits, J.), dated September 15, 2006, affirmed, with $10 costs.
Landlord's renewal motion, predicated on a legal theory not advanced in opposition to tenant's original motion for summary judgment, was properly denied ( see Foley v Roche, 68 AD2d 558, 568). Further, it was not an abuse of discretion to deny renewal based upon the landlord's speculative assertions concerning the tenants' use of the apartment during a period subsequent to that covered by the rent overcharge award in tenant's favor.
This Constitutes the Decision and Order of the Court.