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SHERRY HOUSE ASSOCS. v. KAYE

167 Misc.2d 729 (1996)

643 N.Y.S.2d 881

Sherry House Associates, Appellant, v. Beatrice Kaye, Also Known as Beatrice Riccobono, et al., Respondents, et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 26, 1996

Attorney(s) appearing for the Case

Horing, Welikson & Bienstock, P. C., Forest Hills (Leonard R. Kaplain and Michael R. Korman of counsel), for appellant. Aury Bennett Stollow, P. C., New York City (Aury Bennett Stollow of counsel), for respondents.

PARNESS, J. P., and McCOOE, J., concur; FREEDMAN, J., concurs in a separate memorandum.

Per Curiam.

Order entered March 1, 1995 reversed, with $10 costs, the petition is reinstated and the matter is remanded to the Civil Court for further proceedings.

In this holdover proceeding based upon an allegation of illegal subletting, Civil Court erred when it dismissed the proceeding upon the ground that tenants' original lease did not contain a clause restricting subletting. Housing accommodations regulated...

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