526 W. 158th St., HDFC v. Ramon

526 W. 158th St., HDFC v Ramon (2021 NY Slip Op 50047(U)) [*1] 526 W. 158th St., HDFC v Ramon 2021 NY Slip Op 50047(U) [70 Misc 3d 136(A)] Decided on January 22, 2021 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 22, 2021 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Edmead, P.J., Higgitt, McShan, JJ. 21-003 526 West 158th Street, HDFC, Petitioner-Landlord-Respondent, against Dirso Ramon, Respondent-Tenant-Appellant. Tenant appeals from an order of the Civil Court of the City of New York, New York County (Evon M. Asforis, J.), entered September 18, 2019, which granted landlord's motion to discontinue the holdover proceeding without prejudice and denied tenant's cross motion for summary judgment dismissing the petition or for attorneys' fees upon the discontinuance. Per Curiam. Order (Evon M. Asforis, J.), entered September 18, 2019, affirmed, with $10 costs. Civil Court providently exercised its discretion ingranting landlord's motion to discontinue this holdover proceeding without conditioning discontinuance on the payment of tenant's attorneys' fees (see CPLR 3217[b]; New York Downtown Hosp. v Terry, 80 AD3d 493 [2011]). Landlord's possessory claim did not appear frivolous and landlord asserted good faith reasons for its decision to withdraw the claim after discovery raised questions about the nature of tenant's occupancy (see Matter of Lawrence, 79 AD3d 417 [2010]; see also DKR Mtge. Asset Trust 1 v Rivera, 130 AD3d 774, 776 [2015]). We note that landlord expeditiously moved to discontinue the proceeding upon learning the information that raised such questions. Tenant's remaining contentions are academic in light of our determination, and in any event are without merit. All concur THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Clerk of the Court Decision Date: January 22, 2021