SJS THOMPSON LLC v. SINGER (2018)

Supreme Court, Appellate Term, New York,

SJS THOMPSON LLC, Petitioner–Landlord v. Rochelle M. SINGER, Respondent–Tenant–Respondent.

570790 /17

Decided: June 28, 2018

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

Order (Susan F. Avery, J.), dated November 14, 2017, affirmed, with $10 costs.

Civil Court properly granted tenant's pre-answer motion to dismiss the holdover petition pursuant to CPLR 3211 (a)(1), since the documentary evidence conclusively established a defense to the holdover petition (see Leon v Martinez, 84 NY2d 83, 88 [1994] ). Landlord's offer to renew the stabilized lease in June 2017, timely accepted by tenant, created an enforceable lease agreement, notwithstanding landlord's prior service of a notice of nonrenewal (see 123 W. 15, LLC v Compton, 4 Misc 3d 138[A], 2004 NY Slip Op. 50938[U] [App Term, 1st Dept 2004]; Hakim v Muller, 2002 NY Slip Op. 50339[U] [App Term, 1st Dept 2002] ). “The fact that the landlord may not have intended the proposed lease ․ to constitute a binding offer is immaterial because the statute requires that the offer be binding” (Matter of East 56th Plaza, Inc. v New York City Conciliation & Appeals Bd., 56 NY2d 544, 546 [1982]; see Jacreg Realty Corp. v Barnes, 284 AD2d 280, 280–281 [2001]; 123 W. 15, LLC v Compton, 2004 NY Slip Op. 50938[U], *1).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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