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MYERS v. FRANKEL

184 Misc.2d 608 (2000)

708 N.Y.S.2d 566

SHIRLEY MYERS et al., Appellants, v. CHRISTIAN A. FRANKEL et al., Respondents.

Supreme Court, Appellate Term, Second Department.

April 7, 2000.

Attorney(s) appearing for the Case

Timothy O'Donnell, New York City, for appellants.

Sperber & Denenberg, P. C., New York City (Steven B. Sperber and Pamela D. Evans of counsel), for respondents.

SCHOLNICK, J. P., and PATTERSON, J., concur; ARONIN, J., dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order modified by providing that tenants' cross motion for summary judgment on the counterclaim is granted and judgment directed to be entered in favor of tenants in the sum of $139,220, and by striking the provision severing landlords' "claim" for a rent increase; as so modified, affirmed without costs.

In March 1995, Lucie Myers commenced a holdover proceeding against tenants based on the termination of an alleged...

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