Niagara Capital LLC v. Cruz

Niagara Capital LLC, Petitioner-Appellant,

against

Elliot Cruz, Respondent-Respondent, and "John Doe" and "Jane Doe," Respondents-Undertenants-Respondents.

Landlord, as limited by its brief, appeals from an order of the Civil Court of the City of New York, New York County (Evon M. Asforis, J.) dated May 31, 2018, insofar as it denied its motion for summary judgment of possession and to dismiss respondent's first affirmative defense and, upon a search of the record, dismissed the petition without prejudice in a holdover summary proceeding.

Order (Evon M. Asforis, J.), dated May 31, 2018, insofar…