501 EAST 87TH ST. REALTY COMPANY, LLC v. OLE PA ENTERPRISES INC.


304 A.D.2d 310 (2003)

757 N.Y.S.2d 31

501 EAST 87TH ST. REALTY COMPANY, LLC, et al., Respondents, v. OLE PA ENTERPRISES INC. et al., Appellants. (And Another Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 1, 2003.


Although the Winter defendants resided in the subject rent-stabilized apartment in plaintiffs' building for more than 20 years, the evidence adduced at trial showed that the lease for the apartment in which the Winters resided named the corporate defendant, Ole Pa Enterprises Inc., as the tenant, and did not specify a particular individual as the occupant. Under these circumstances, plaintiffs were entitled to prevail upon their claim that the subject apartment had not been...

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