West 48th Holdings LLC v. Eliyahu

West 48th Holdings LLC, Petitioner-Landlord-Appellant,

against

Liyah Eliyahu and Shachar Levit, and "John Doe" and "Jane Doe," Respondents-Undertenants.

Landlord, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Kimon C. Thermos, J.), dated December 21, 2018, which granted tenants' motion for summary judgment dismissing the petition in a nonpayment summary proceeding.

Order (Kimon C. Thermos, J.), dated December 21, 2018, affirmed, with $10 costs.

The motion court properly dismissed the nonpayment petition based upon tenants'…