Opinion
2012-2722 K C
11-25-2014
PRESENT: , SOLOMON and ELLIOT, JJ.
Appeal from a final judgment of the Civil Court of the City of New York, Kings County (John S. Lansden, J.), entered July 26, 2012. The final judgment, after a nonjury trial, awarded possession to petitioner in a summary proceeding brought pursuant to RPAPL 713 (8).
ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.
Petitioner, the purchaser of the co-operative shares allocated to the subject apartment, commenced this summary proceeding against occupant, who resides in the apartment and was a part owner of the building prior to its conversion to a co-op, pursuant to RPAPL 713 (8). Occupant appeals from a final judgment, after trial, awarding possession to petitioner.
RPAPL 713 (8) allows for the maintenance of a summary proceeding where "the owner of real property . . . having voluntarily conveyed title to the same to a purchaser for value, remains in possession without the permission of the purchaser." In our view, petitioner could not maintain this summary proceeding pursuant to this provision, as petitioner is a proprietary lessee and owner of the co-operative shares allocated to the apartment, and not a "purchaser for value" of the real property (cf. Federal Home Loan Mtge. Assn. v Perez, 40 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2013] [an owner of co-operative shares cannot maintain a proceeding pursuant to RPAPL 713 (1), (5) or (7)]).
Accordingly, we reverse the final judgment and direct the entry of a final judgment dismissing the petition. We reach no other issue.
Weston, J.P., Solomon and Elliot, JJ., concur.
Decision Date: November 25, 2014