MULLER v. STEIN


116 Misc.2d 37 (1982)

Evelyn Muller, Petitioner, v. Peter Stein et al., Respondents.

Civil Court of the City of New York, New York County.

April 12, 1982


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein (Thomas Ryan of counsel), for petitioner. Damashek & Bezoza (Lynn Martell of counsel), for respondents.


HELEN E. FREEDMAN, J.

The novel question presented here is whether this court has jurisdiction in a summary holdover proceeding brought by the prime tenant of a rent-controlled apartment against the subtenants, where no certificate of eviction has been obtained. In August, 1978, petitioner with the consent of the owner entered into a "sublease agreement" with respondents as sublessees. The agreement was for a three-year period, expiring July 31, 1981...

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