7 W. 87th St., LLC v Silverberg

State: New York

Court: New York Northern District Court

Docket No: 2003 NY Slip Op 23801

Case Date: 10/08/2003

Plaintiff: 7 W. 87th St., LLC

Defendant: Silverberg

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Supreme Court, Appellate Term, First Department, October 8, 2003
APPEARANCES OF COUNSEL
Cooper, Paroff & Cooper, Kew Gardens (Ira G. Cooper of counsel), for Joseph Silverberg and another, appellants. Belkin Burden Wenig & Goldman, LLP, New York City (Edward Baer, Magda
L. Cruz and Jay H. Berg of counsel), for respondent.
OPINION OF THE COURT
Per Curiam.
Final judgment entered September 13, 2002 reversed with $30 costs, and final judgment of possession granted in favor of tenant dismissing the petition.
The facts are not contested in this nonprimary residence holdover. The tenant of record is Joseph Silverberg, a physician in Rochester, who rented the apartment premises on West 87th Street in June 1998 for $2,050 per month. As found by Civil Court, the parties to the lease "were fully aware from the start" that tenant was renting the premises for the exclusive use of his daughter Terri Silverberg, a recent college graduate who did not have a credit history. There was no issue as to primary residence at that time, as the rent had been set at a deregulated amount.
Shortly after the commencement of the tenancy, a rent overcharge claim was filed with the Division of Housing and Community Renewal. The present landlord settled the claim by refunding
file:///C|/Users/Peter/Desktop/NY/2/2003_23801.htm[4/21/2013 1:13:21 PM] 7 W. 87th St. v Silverberg (2003 NYSlipOp 23801)
over $17,000 to the tenant, agreeing that the legal regulated rent was $656, and by renewing the lease for an additional two years. However, landlord sought possession at the expiration of that term on the ground that the apartment was not Dr. Silverberg's primary residence. Civil Court granted the petition, reasoning that the prior landlord preferred Dr. Silverberg as a tenant because he was more creditworthy; he had never resided in the apartment; and that Terri Silverberg "has no right to renew although it was clear to all parties that she would be the one living in the apartment, because the lease did not name her as such."
On these singular facts, we conclude that while Dr. Silverberg was the nominal tenant, the actual contemplated resident

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