Opinion
570014/21
05-24-2021
VALENTINE TOWERS, LLC, Petitioner-Landlord-Appellant, v. Michelle TORRES, Respondent-Tenant-Respondent, and "John Doe" and "Jane Doe," Respondents-Undertenants.
Per Curiam.
Order (Brenda S. Spears, J.), dated September 13, 2019, affirmed, with $10 costs.
This holdover proceeding, premised upon allegations that the rent stabilized tenant breached her lease by failing to maintain her Section 8 benefits ( see generally Rosario v Diagonal Realty, LLC , 8 NY3d 755 [2007], cert denied 552 US 1141 [2008] ), was dismissed by Civil Court for failure to state a cause of action pursuant to CPLR 3211(a)(7). We affirm, but for different reasons. At oral argument on this appeal, both parties informed us that tenant's Section 8 subsidy was reinstated after Civil Court rendered its order. In the circumstances, the eviction remedy sought by landlord does not lie ( see 53-63 Partners, L.P. v Paez , 63 Misc 3d 158[A], 2019 NY Slip Op 50851[U] [App Term, 1st Dept 2019] ). It is unnecessary to reach any other issue because we do not view the underlying order as dismissing the holdover petition on the merits for res judicata purposes ( see Pereira v St. Joseph's Cemetery , 78 AD3d 1141, 1142 [2010] ).
All concur.