ISALY LICEAGA v. “John Doe” and “Jane Doe,” Respondents-Undertenants. (2019)

Order (Timmie Erin Elsner, J.), entered September 25, 2018, affirmed, with $ 10 costs.

Civil Court properly granted tenant's motion for summary judgment dismissing the petition in this owner-occupancy holdover proceeding. Landlord's offer to renew the stabilized lease in March 2018, timely accepted by tenant, created an enforceable lease agreement, notwithstanding landlord's prior service of a notice of nonrenewal in February 2016 (see SJS Thompson LLC v. Singer, 60 Misc 3d 132[A], 2018 NY Slip Op 51013[U] [App Term, 1st Dept 2018]; 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]). Nor did the failure of the landlord to deliver an executed lease form deprive the tenant of his right to renew under Rent Stabilization Code (9 NYCRR) § 2523.5(a).

Per Curiam.