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McVANN v. MYERS

137 Misc.2d 876 (1987)

Michael McVann, Appellant, v. Ann Myers, Respondent, and State of New York, Division of Housing and Community Renewal, Intervenor-Respondent.

Supreme Court, Appellate Term, Second Department.

June 10, 1987

Attorney(s) appearing for the Case

Farrauto, Berman & Fontana (John P. Farrauto and Peter J. Wise of counsel), for appellant. William Griff for respondent. Dennis B. Hasher and Lawrence Alexander for intervenor-respondent.

DiPAOLA, P. J., GEILER and STARK, JJ., concur.

MEMORANDUM.

Order affirmed, without costs.

A person leasing a cooperative apartment in a building subject to the Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4) from the shareholder and proprietary lessee of the cooperative apartment is a tenant within the meaning of the Emergency Tenant Protection Act (Moussazadeh v Wahnon, 127 A.D.2d 749

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