CROMAN v. LEIGHTON


12 Misc.3d 73 (2006)

819 N.Y.S.2d 377

STEVEN CROMAN et al., Appellants, v. ROBERT LEIGHTON, Respondent.

Supreme Court, Appellate Term, First Department.

June 22, 2006.


Attorney(s) appearing for the Case

Rose & Rose, New York City (Kenneth E. Rosen of counsel), for appellants.

Messinger, Flaster & Levitz, P.C., New York City (Lori Willis of counsel), for respondent.

DAVIS, J.P., and SCHOENFELD, J., concur.


OPINION OF THE COURT

Per Curiam.

Order, entered on or about June 28, 2004, affirmed, with $10 costs.

Civil Court properly granted tenant summary judgment dismissing the owner occupancy holdover proceeding. Once a rent-stabilized tenant establishes that he or she is a senior citizen, the provision allowing a landlord to seek recovery for personal use "shall not apply" unless the landlord offers to...

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