Thuna v. Di Sanza

OPINION OF THE COURT

Alfred M. Ascione, J.

In an action for declaratory judgment and an injunction, plaintiff’s motion for a default judgment is permitted to be *343withdrawn, the defendant having served his answer. Both plaintiff and defendant move for summary judgment.

Plaintiff has been the lessee of Apartment No. 14 at 55 East End Avenue since 1964 and signed a three-year renewal lease on August 25, 1978. Plaintiff’s niece, Meryl Zalkin, has occupied the apartment together with her husband since August, 1978, while plaintiff’s sister, Frieda Green (Meryl’s mother), paid the rent directly to the…