BRUENN v. COLE


165 A.D.2d 443 (1991)

Lottie Bruenn, Respondent, v. Elisabeth-Anne Cole et al., Appellants, et al., Defendant

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

April 4, 1991


Attorney(s) appearing for the Case

Allan Greenstein (Leslie I. Levine with him on the brief), for appellants.

Michael E. Schoeman of counsel (Beth L. Kaufman with him on the brief; Schoeman, Marsh & Updike, attorneys), for respondent.

Michael E. Schoeman of counsel (Kurzman, Karelsen & Frank, attorneys), for Park and 93rd Owners Corp., amicus curiae.

ROSENBERGER, J. P., ELLERIN, WALLACH and SMITH, JJ., concur.


RUBIN, J.

This appeal raises the issue of the criteria to be applied in determining whether a tenancy is bonafide or illusory. This court concludes that the extent of protection intended to be afforded by the rent regulatory statutes, the intent of the asserted tenant to resume occupancy of the premises and the degree of control exercised by the tenant are relevant factors to be considered in assessing the nature...

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