MATTER OF 151-155 ATLANTIC AVE., INC. v. PENDRY


308 A.D.2d 543 (2003)

764 N.Y.S.2d 852

In the Matter of 151-155 ATLANTIC AVE., INC., Appellant, v. ELIZABETH PENDRY, Respondent, et al., Respondents.

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

Decided September 22, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the permanent stay of execution of the warrant of eviction is vacated.

In this holdover proceeding, the landlord seeks to remove the rent-stabilized tenant on the ground that the tenant violated the anti-subletting provision of the subject lease and overcharged the subtenants for the use of the premises. The Civil Court rendered a final judgment of possession in the landlord's...

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