Tuckahoe Road Partnership v. Giananti

OPINION OF THE COURT

J. Emmett Murphy, J.

This is a summary proceeding in holdover to recover possession of a residential apartment at 560 Tuckahoe Road in Yonkers. Petitioner contends respondents do not use the apartment as their primary residence and are therefore not entitled to the protection of the Emergency Tenant Protection Act of 1974 (ETPA) (McKinney’s Uncons Laws of NY § 8625 [a] [11][L 1974, ch 576, § 4 (§ 5 [a] [11])]). This proceeding was commenced after expiration of the lease and on 30 days’ *781notice, petitioner contending that he is not required to offer respondents a renewal…