Corona Apartments v. Benitez

OPINION OF THE COURT

Memorandum.

Final judgment affirmed without costs.

In this holdover proceeding to recover possession of a rent-stabilized apartment based on an alleged occupancy by respondent as a nonprimary residence, it is our opinion that the proceeding, as noted by the trial court, is premature. Respondent, who has a large family of 10, including an autistic daughter, occupied unit IB, the subject premises. She was forced to vacate the apartment as a result of a vacate order by the Department of Buildings following a fire in the premises. Since respondent and her 10 relatives were…