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Appellate Term,First Department: October 26, 2022

Decision & Orders released on:October 24, 2022

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By: Hagler, J.P., Tisch, Michael, JJ.

22-095. 170 SPRING STREET LLC, pet-land-app, v. “JANE DOE”, res-tent-res — Order (Marcia J. Sikowitz, J.), dated May 5, 2021, insofar as appealed from, modified by reinstating petitioner-landlord’s claims for rent arrears through November 4, 2018; as modified, order affirmed, with $10 costs. In a prior licensee-holdover proceeding, Civil Court (Jack Stoller, J.), rendered a final judgment on November 5, 2018, after trial, awarding respondent-tenant herein succession rights to the 174-6 Spring Street rent controlled apartment at issue, finding that tenant resided in the apartment for at least two years prior to the December 29, 2012 death of the rent controlled tenant, tenant’s grandmother. In November 2019, landlord commenced the underlying nonpayment proceeding against tenant seeking rent and other charges dating back to 2015. Insofar as relevant to this appeal, Civil Court dismissed “with prejudice” any claim for rent owed prior to November 4, 2018, the date that Judge Stoller held that tenant was entitled to succeed to the rent controlled tenancy, concluding that there was no landlord-tenant relationship prior to that time. We disagree and reinstate that claim.

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