DASS GONZALEZ v. PETERSON (1999)

Supreme Court, Appellate Division, First Department, New York.

Thora DASS-GONZALEZ, Petitioner-Appellant, v. Richard PETERSON, et al., Respondents-Respondents.

Decided: February 09, 1999

WILLIAMS, J.P., WALLACH, TOM and MAZZARELLI, JJ.

William E. Dodge, for Petitioner-Appellant. Andrew Molbert, for Respondents-Respondents.

Order of the Appellate Term of the Supreme Court, First Department, entered June 16, 1998, which, in a summary holdover proceeding, reversed an order and final judgment (one paper), Civil Court, New York County (Arlene Hahn, J.), entered on or about July 7, 1997, after a non-jury trial, granting petitioner landlord possession of the subject premises, and granted final judgment in favor of respondent tenants dismissing the holdover petition, unanimously affirmed, without costs.

We agree with Appellate Term that, because the parties' lease contained no provision permitting termination of the tenancy if the landlord deemed the tenants' conduct objectionable, Civil Court was without jurisdiction to entertain the instant summary holdover proceeding (see, Real Property Actions and Proceedings Law § 711[1] ).

MEMORANDUM DECISION.

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