CHUSID v. WRIGHT


138 A.D.2d 291 (1988)

Donald Chusid et al., as Executors of Anne Chusid, Deceased, Respondents, v. Benjamin H. Wright et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 24, 1988


In this holdover proceeding petitioners, the landlords, seek to recover possession of the apartment because the tenant of record, Benjamin Wright, who owns three apartments in the same building, does not occupy the apartment as his primary residence. For the last five years the sole occupant of the apartment has been Elizabeth Jason, Wright's mother-in-law. As the dissent notes, the parties agree that the determinative issue is whether Jason's tenancy was effectively recognized...

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