E FOUR-FORTY ASSOCS v. EWELL


138 Misc.2d 235 (1988)

East Four-Forty Associates, Appellant-Respondent, v. Anthony J. Ewell, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

February 18, 1988


Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Gary M. Rosenberg and Ronald E. Sternberg of counsel), for appellant-respondent. Abraham, Silver & Rosenberg (Edward R. Dorney of counsel), for respondent-appellant.

SANDIFER, J. P., and OSTRAU, J., concur; PARNESS, J., dissents in a separate memorandum.


Per Curiam.

This holdover proceeding was brought by the petitioner East Four-Forty Associates, the proprietary lessee of the premises, against respondent Anthony J. Ewell, an alleged former licensee still in occupancy of those premises. Petitioner contends that the respondent cannot succeed to the rent-stabilized tenancy of the deceased tenant of record, respondent's mother, Nancy Ewell Arent, who died March 3, 1985, and...

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