WEIDEN v. 926 PARK AVE. CORP.


154 A.D.2d 308 (1989)

Peter Weiden, Individually and as Coadministrator of The Estate of Paul L. Weiden, Deceased, et al., Appellants, v. 926 Park Avenue Corp. et al., Respondents

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

October 31, 1989


We agree with the findings of the Judicial Hearing Officer that plaintiff Peter Weiden was not a tenant of the subject premises nor was it his primary residence during the tenancy of his father, Paul Weiden. Accordingly, plaintiff was not entitled to a renewal lease in his name after the death of his father (see, 9 NYCRR 2523.5 [b] [1]-[2]).

Further, there was sufficient evidence in the record for the Judicial Hearing Officer to establish use and occupancy...

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