53 63 PARTNERS v. PAEZ (2019)

Supreme Court, Appellate Term, New York,

53-63 PARTNERS, L.P., Petitioner-Landlord-Appellant, v. Regina PAEZ, Respondent-Tenant-Respondent, and “John Doe” and “Jane Doe,” Respondents-Undertenants.

570089 /19

Decided: May 31, 2019

PRESENT: Shulman, P.J., Gonzalez, Edmead, JJ.

Order (Heela D. Capell, J.), dated May 18, 2018, affirmed, with $ 10 costs.

This holdover proceeding, premised upon allegations that the rent stabilized tenant breached her lease by failing to maintain her section 8 benefits (see generally Rosario v. Diagonal Realty, LLC, 8 NY3d 755 [2007], cert denied 552 US 1141 [2008]), was properly dismissed on tenant's motion. The documentary evidence establishes that tenant's section 8 subsidy was subsequently reinstated. In the circumstances, we agree that the eviction remedy sought by landlord does not lie (see DU 1st Realty Co. LP v. Robinson, 35 Misc 3d 138[A], 2012 NY Slip Op 50840[U] [App Term, 1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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