The petition should have been dismissed for the reasons stated by Phyllis Gangel-Jacob, J., in her dissenting memorandum at Appellate Term. The landlord brought this action as a holdover proceeding claiming that the tenant had illegally sublet the apartment. However, instead of as proof directed to an illegal sublet, the landlord's evidence was submitted on the theory that the tenant no longer used the apartment as her primary residence. Civil Court found that this ground...
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