Budhu v. Castro

OPINION OF THE COURT

Order, dated April 20, 2010, reversed, with $10 costs, tenant’s dismissal motion denied and matter remanded for a new trial.

The trial court erred in granting tenant’s motion to dismiss this nonprimary residence holdover proceeding at the close of landlord’s evidence. Upon such a motion, tenant had the burden of showing that landlord failed to make out a prima facie case, and landlord was entitled to the benefit of every favorable inference that could reasonably be drawn from the evidence (see Peck v Wolf, 157 AD2d 535, 536 [1990], lv denied 75 NY2d 709 [1990]). There is…