Opinion
570122/07.
Decided on October 31, 2007.
Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), dated December 8, 2006, which denied its motion for summary judgment and upon a search of the record, granted tenant summary judgment dismissing the petition for lack of standing in a commercial nonpayment summary proceeding.
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ.
Order (Raul Cruz, J.), dated December 8, 2006, reversed, without costs, petition reinstated, and landlord's motion for summary judgment of possession granted.
Landlord's motion for summary judgment on its nonpayment petition should have been granted, based upon the undisputed evidence that tenant defaulted in her payment of rent pursuant to paragraph 17 of the governing operating agreement. Contrary to the view expressed below, paragraph 21 of the operating agreement did not deprive the (limited liability company) landlord of standing to commence a nonpayment proceeding ( see Limited Liability Company Law § 202[a]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.