1041 Bushwick Avenue Associates v. Soriano

*526OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs, motion for summary judgment denied and matter remanded to the court below for all further proceedings.

Respondent Harris moved for summary judgment dismissing the holdover proceeding against him. The court below granted the motion on the ground that there was no proper opposition to the motion and on the ground of estoppel due to certain documents prepared by petitioner which listed Mr. Harris as a "cotenant”.

The same arguments raised by Mr. Harris in this proceeding were raised by tenant Soriano in the case of 1041…