184 West 10th Corp. v. Westcott

OPINION OF THE COURT

Order, entered December 12, 2007, reversed, without costs, tenant’s motion to dismiss is denied, and landlord’s cross motion to restore the proceeding to the trial calendar is granted.

The allegations of illegal subletting and improper business use underlying the landlord’s 2001 holdover petition have been hotly contested. On a prior appeal, this court reversed an order granting tenant summary judgment dismissal of the petition, upon our determination that the parties’ conflicting submissions raised triable issues on both prongs of the landlord’s eviction claim. Following…