Laber v. 60 Riverside House Associates

OPINION OF THE COURT

Eve Preminger, J.

Plaintiff moves for summary judgment. Defendant moves for an order directing plaintiff to appear for examination before trial.

Plaintiff has been the tenant of record in a rent-stabilized apartment in defendant landlord’s building since 1978. The lease was last renewed by the parties in 1981 and ran until March 31, 1982.

In February of 1981 plaintiff sublet his apartment to his daughter who subsequently moved in with her boyfriend. It is disputed whether plaintiff remained in occupancy after this time.

On March 6,1981, the defendants served plaintiff with a…