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PRIMROSE MGT. CO. v. DONAHOE

175 Misc.2d 503 (1997)

670 N.Y.S.2d 678

Primrose Management Co., Appellant, v. Nancy Donahoe et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 24, 1997

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Jeffrey R. Metz and Steven L. Schultz of counsel), for appellant. Collins & Dobkin, New York City (Stephen Dobkin of counsel), for respondent.

OSTRAU, P. J., and FREEDMAN, J., concur; McCOOE, J., dissents in a separate memorandum.

Per Curiam.

Final judgment entered September 27, 1996 affirmed, with $25 costs.

Civil Court properly dismissed the holdover petition after trial upon its finding of an illusory tenancy extending over a period of 20 years. The rent-controlled tenant, who took occupancy in 1963, permanently relocated to California in 1974 but continued to retain dominion and control over the premises by a pattern of long-term subletting...

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