Appellate Term, First Department: December 30, 2024

By: Tisch, J.P., James, Perez, JJ.

24-123. ARIE DRACH, pet-app v. DORCAS TROTTA, res-res -AND- “JOHN DOE” AND “JANE DOE,” res — Order (Bernadette G. Black, J.), dated July 12, 2024, reversed, without costs, petition reinstated and matter remanded for further proceedings consistent with this decision. This holdover proceeding seeks to recover possession of a cooperative apartment occupied by respondent Dorcas Trotta. It is not disputed that respondent initially entered the premises as a tenant pursuant to a proprietary lease agreement. The holdover petition alleges that this proprietary lease was terminated by the (nonparty) cooperative corporation and the shares of stock were sold at an extrajudicial foreclosure sale. Petitioner Arie Drach alleges that he purchased the stock at said sale and that a proprietary lease was issued to him. Petitioner thereafter commenced this proceeding to remove respondent from the premises. Petitioner moved for summary judgment of possession. Respondent cross-moved to dismiss the petition on the ground that petitioner lacks standing to maintain this proceeding and that the cooperative corporation did not properly terminate her lease. In the order on appeal, Civil Court did not address the substantive issues raised by the parties, but determined that the petition must be dismissed on a ground which was never advanced by any of the parties, i.e., petitioner failed to serve a predicate notice of termination pursuant to RPL §§232-a and 226-c.