BPIII-548 West 164th Street LLC v. Garcia

Order of the Appellate Term of the Supreme Court in the First Judicial Department, entered September 2, 2010, which reversed an order of the Civil Court of the City of New York, New York County (Marcia J. Sikowitz, J.), entered December 30, *4292008, granting respondent’s motion for summary judgment dismissing the proceeding, and denied the motion, unanimously reversed, on the law, without costs, and the motion granted.

Petitioner brought this nonpayment proceeding in 2007, after buying the building in which respondent is a tenant, and having no knowledge of the arrangement between respondent…