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HUDSON HILLS TENANT CORP. v. STOVEL

2011-1748 WC.

38 Misc.3d 25 (2012)

958 N.Y.S.2d 256

2012 NY Slip Op 22346

HUDSON HILLS TENANT CORP., Respondent, v. PAUL STOVEL, Appellant.

Supreme Court, Appellate Term, Second Department.

November 26, 2012.

Attorney(s) appearing for the Case

Hagan, Coury & Associates, Brooklyn ( Paul Golden of counsel), for appellant. Smith, Buss & Jacobs, LLP, Yonkers ( Andre Haynes of counsel), for respondent.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and landlord's motion for summary judgment is denied.

In this holdover summary proceeding, the petition alleges that landlord, a cooperative corporation, terminated tenant's proprietary lease on the ground that tenant had breached the lease by subletting the subject apartment without landlord's prior written permission. Tenant's answer asserts, among other

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