Opinion
570358/05.
Decided October 16, 2006.
Landlord appeals from an order of the Civil Court, New York County (Joseph E. Capella, J.), dated January 25, 2005, which granted tenant's motion for summary judgment dismissing the holdover petition filed under index number 86779/03 and to dismiss the holdover petition filed under index number 80863/04.
Order (Joseph E. Capella, J.), dated January 25, 2005, reversed, with $10 costs, tenant's motions denied and petitions reinstated.
PRESENT: McCooe, J.P., Gangel-Jacob, J.
The notice of nonrenewal utilized by landlord, mailed to tenant 93 days prior to the expiration of his most recent stabilized lease, was timely served ( see Rent Stabilization Code [9 NYCRR] § 2524.2[c][3]; Skyview Holdings, LLC v. Cunningham, appeal numbered 05-372, decided herewith). Nor is tenant now entitled to dismissal of the second holdover proceeding pursuant to CPLR 3211(a)(4), in view of his pending jurisdictional challenge to the initial holdover proceeding seeking possession on identical grounds ( see Siegal, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3211:16).
This constitutes the decision and order of the court.