In May 1971, defendant Stephen Johnes leased a rent-controlled apartment from plaintiff's predecessor in interest. However, he never took occupancy. Instead, shortly after the lease was executed, in or about June 1971, Stephen's brother, defendant Carl Johnes, moved into the apartment after obtaining the then landlord's consent in writing to do so "during your brother Stephen's absence from the City" upon the condition that he, Carl, pay the rent. For the next 10 years, Carl...
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