875 Riv. View Realty LLC v. Marzullo

In this holdover proceeding, the Appellate Term affirmed the Civil Court's denial of the tenant's motions for summary judgment, which sought to dismiss the landlord's petition. The tenant argued the current proceeding was precluded by res judicata, citing a prior holdover proceeding dismissed for lack of standing. However, the court ruled that a dismissal for lack of standing is not a final determination on the merits, thus res judicata was inapplicable. The court also rejected the tenant's mootness claim regarding a renewal lease due to triable issues of fact, and upheld the denial of a subsequent partial summary judgment motion based on the rule against successive motions for summary judgment.