CORONA APTS. v. BENITEZ


1 Misc.3d 79 (2003)

769 N.Y.S.2d 349

CORONA APARTMENTS et al., Appellants, v. ROSA BENITEZ, Respondent.

Supreme Court, Appellate Term, Second Department.

October 23, 2003.


Attorney(s) appearing for the Case

Lawrence P. Wolf, Chappaqua, for appellants.

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


OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

In this holdover proceeding to recover possession of a rent-stabilized apartment based on an alleged occupancy by respondent as a nonprimary residence, it is our opinion that the proceeding, as noted by the trial court, is premature. Respondent, who has a large family of 10, including an autistic daughter, occupied unit 1B, the subject premises. She was forced to vacate the apartment...

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