Radinv.Carrow

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENTJan 4, 2013
38 Misc. 3d 132 (N.Y. App. Div. 2013)

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No. 570905/12.

2013-01-4

Lidya Maria RADIN, Petitioner v. Daniel CARROW, Respondent–Respondent.


Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), dated July 27, 2011, which denied her motion to be restored to possession.
Present: SCHOENFELD, J.P., SHULMAN, and HUNTER, JR., JJ.

PER CURIAM.

Order (Brenda S. Spears, J.), dated July 27, 2011, reversed, without costs, petition reinstated and matter remanded to Civil Court for further proceedings.

The hearing court erred in dismissing the underlying illegal lockout proceeding after colloquy, without taking sworn testimony or receiving evidence in admissible form. Issues concerning petitioner's occupancy status in the apartment premises and the legality of tenant-respondent's actions were not properly addressed by the informal procedure utilized below ( see Matter of Gelrod v. Levine, 24 A.D.2d 756 [1965];Mondrow v. Dexter Properties, LLC, 34 Misc.3d 131[A], 2011 N.Y. Slip Op 52346[U][App Term, 1st Dept 2011] ). In reinstating the petition, we express no view as to the substantive issues remaining to be litigated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.