CULHANE v. PATTERSON

2015-578 KC.

54 Misc.3d 10 (2016)

43 N.Y.S.3d 663

2016 NY Slip Op 26328

DAVID STEPHEN KING CULHANE, Appellant, v. WILLIAM M. PATTERSON et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided September 27, 2016.


Attorney(s) appearing for the Case

Mark S. Friedlander, New York City, for appellant.

David Rozenholc & Associates, New York City (Gary N. Horowitz of counsel), for respondents.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and tenants' motion to dismiss the petition is denied.

The issue on this appeal is whether an owner's use nonrenewal notice was rendered stale by the stipulated discontinuance, without prejudice, of a prior holdover proceeding brought following the expiration of the lease. We hold that, in the circumstances presented, the notice was not rendered stale.

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