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GARRY v. BLANKROTH

139 Misc.2d 961 (1988)

Martin Garry, Doing Business as G&F Realty Co., Petitioner, v. Adam Blankroth et al., Respondents.

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

June 3, 1988

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (William J. Neville of counsel), for petitioner. Gellis & Hellinger for respondents.

ROBERT D. LIPPMANN, J.

In this holdover proceeding the landlord moves for summary judgment on the grounds the tenant does not use the apartment in question as his primary residence and, the lease having expired, petitioner is under no obligation to offer a renewal lease to the tenant's daughter because the succession provisions in the new Rent Stabilization Code (9 NYCRR parts 2520-2530) have been declared invalid by East Four-Forty Assocs. v Ewell...

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