ROXBOROUGH APTS. v. BECKER


187 Misc.2d 604 (2000)

723 N.Y.S.2d 817

ROXBOROUGH APARTMENTS CORP., Appellant, v. BRUCE BECKER, Respondent.

Supreme Court, Appellate Term, First Department.

December 6, 2000.


Attorney(s) appearing for the Case

Cohen & Green for appellant.

Sussman & Richard for respondent.

McCOOE and GANGEL-JACOB, JJ., concur; PARNESS, P. J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Order dated September 3, 1999 reversed, with $10 costs, and tenant's motion to dismiss the holdover petition is denied.

Civil Court erred in dismissing the holdover petition for failure to state a cause of action. The proceeding is premised upon tenant's breach of the following lease provision:

"You shall use the apartment for living purposes only. The apartment...

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