140 E. 46TH ST. LLC v. MURRAY

570804/10.

31 Misc.3d 98 (2011)

925 N.Y.S.2d 800

2011 NY Slip Op 21111

140 EAST 46TH STREET LLC, Appellant, v. PATRICIA MURRAY, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

March 29, 2011.


Attorney(s) appearing for the Case

Judith M. Brener , New York City, for appellant.

Sperber Denenberg & Kahan, P.C., New York City ( Steven B. Sperber of counsel), for Patricia Murray, respondent.

LOWE, III, P.J., SHULMAN and HUNTER, JR., JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, dated February 22, 2010, reversed, with $10 costs, motion denied and petition reinstated.

This holdover summary proceeding, based upon allegations that tenant unlawfully sublet her stabilized Manhattan apartment, is not susceptible to summary dismissal. The evidence presented in the summary judgment motion was insufficient to establish as a matter of law that...

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