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Appellate Term, First Department: May 24, 2021

Appellate Term, First Department: May 24, 2021

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By: Higgitt, J.P., Brigantti, Hagler, JJ.

21-029. VALENTINE TOWERS, LLC, pet-land-app, v. MICHELLE TORRES, res-tent-res, -AND- “JOHN DOE” AND “JANE DOE,” res-undertent — Order (Brenda S. Spears, J.), dated September 13, 2019, 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 dismissed by Civil Court for failure to state a cause of action pursuant to CPLR 3211(a)(7). We affirm, but for different reasons. At oral argument on this appeal, both parties informed us that tenant’s Section 8 subsidy was reinstated after Civil Court rendered its order. In the circumstances, the eviction remedy sought by landlord does not lie (see 53 63 Partners, L.P. v. Paez, 63 Misc 3d 158[A], 2019 NY Slip Op 50851[U] [App Term, 1st Dept 2019]). It is unnecessary to reach any other issue because we do not view the underlying order as dismissing the holdover petition on the merits for res judicata purposes (see Pereira v. St. Joseph’s Cemetery, 78 AD3d 1141, 1142 [2010]). All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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