From Casetext: Smarter Legal Research

UHAB HDFC v. DIAZ

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2005
2005 N.Y. Slip Op. 51957 (N.Y. App. Term 2005)

Opinion

Decided December 1, 2005.

Respondent Aurelia Diaz appeals from a final judgment of the Civil Court, New York County (Cyril K. Bedford, J.) entered September 24, 2003, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Final judgment (Cyril K. Bedford, J.), entered September 24, 2003, reversed, with $30 costs, and petition dismissed.

PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ.


The trial evidence establishes that respondent Diaz has a cognizable tenancy interest entitling her to a 30-day notice of termination under Real Property Law § 228.

The record shows, and it is not seriously disputed, that Diaz moved into the then City owned, East 7th Street building premises in 1986 as a licensee of the record tenant of apartment 1B/2B, her aunt who subsequently vacated; that

Diaz has continuously lived in the apartment since that time and has been a member of and paid dues to the building's "homestead association" since 1989; and that Diaz has spent approximately $20,000 and expended considerable time and effort in repairing the apartment and the building's common areas under a "sweat equity" arrangement. On these facts, the record compels the conclusion that the City, as predecessor owner, acquiesced in Diaz's long-term occupancy, and supports the inference, unrebutted at trial, that a tenancy at will was created ( see City of New York v. Otsey, 185 Misc 2d 715 [2000]). Thus, the within licensee holdover proceeding, predicated upon a 10-day notice to quit, does not lie. We reach no other issue.

This constitutes the decision and order of the court.


Summaries of

UHAB HDFC v. DIAZ

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2005
2005 N.Y. Slip Op. 51957 (N.Y. App. Term 2005)
Case details for

UHAB HDFC v. DIAZ

Case Details

Full title:UHAB HDFC, Petitioner-Respondent v. AURELIA DIAZ, Respondent-Appellant

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 1, 2005

Citations

2005 N.Y. Slip Op. 51957 (N.Y. App. Term 2005)
809 N.Y.S.2d 484