New York City Property Management, LLC v. Santos

OPINION OF THE COURT

Order, dated May 19, 2006, affirmed, with $10 costs. Appeal from order, dated November 9, 2006, dismissed, without costs, as taken from a nonappealable order.

We agree, essentially for reasons stated by the motion court, that the holdover proceeding is not ripe for summary dismissal on the preanswer record so far developed, which raises triable issues as to whether respondent Fermin’s occupancy status is that of a subtenant or licensee, as petitioner claims, or whether, as respondent argues, he possesses independent tenancy rights in the stabilized apartment premises. In…