Horatio Arms, Inc. v. Celbert

OPINION OF THE COURT

Order, entered July 27, 2012, affirmed, without costs. Order, dated October 3, 2012, reversed, without costs, and tenant’s application for attorneys’ fees is denied.

The holdover summary proceeding, based upon allegations that tenant illegally sublet the cooperative apartment premises, was properly dismissed for lack of personal jurisdiction. Landlord received “written information” from tenant (see RPAPL 735 [1] [a]), in the form of a power of attorney presented at the time of closing, that tenant actually resided at a specified street address in Paris, France, an address…