Opinion
570517/11
02-16-2012
Morris Asset Mgmt., LLC., Petitioner-Landlord-Appellant, v. Lisa Hammel, Respondent-Tenant-Respondent -and- Stacey Hammel, Respondent-Respondent.
PRESENT: , III, P.J., Shulman, Torres, JJ
Petitioner-landlord appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated December 16, 2010, which, inter alia, denied its motion for summary judgment and, upon searching the record, granted tenant summary judgment dismissing the holdover petition, and directed petitioner to offer a renewal lease to respondent Stacey Hammel.
Per Curiam.
Order (Brenda S. Spears, J.), dated December 16, 2010, modified by deleting the provision thereof directing petitioner to offer a renewal lease to respondent Stacey Hammel; as modified, order affirmed, without costs.
The motion court properly searched the record and awarded tenant summary judgment dismissing the illegal sublet holdover proceeding, it being undisputed that the "subtenant" complained of — respondent Stacey Hamell — was in fact tenant's sister who, it was definitively shown, had extensive occupancy ties to the stabilized apartment, with several years of shared occupancy with the tenant (see 235 W. 71 St. LLC v Chechak, 16 AD3d 242 [2005]; PLWJ Realty v Gonzalez, 285 AD2d 370 [2001], lv dismissed 97 NY2d 676 [2001]; cf. Alta Apts, LLC v Weisbond, 10 Misc 3d 40 [2005]). A determination of tenant's sister's (unpleaded) succession claim — the proper resolution of which will necessarily entail an inquiry concerning tenant's use (or lack thereof) of the apartment and the circumstances surrounding the execution of several recent renewal leases (see e.g. South Pierre Assocs. V Mankowitz, 17 Misc 3d 53 [2007]) — is more properly made in the context of the nonprimary residence holdover proceeding which, we are told, has already been commenced by landlord.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.