Baginski v. Lysiak

OPINION OF THE COURT

Memorandum.

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

In this holdover proceeding to recover possession of an apartment for landlords’ own use and occupancy, tenant moved to dismiss on two grounds. First, tenant asserted that landlords had vitiated the notice of intention not to renew the lease by accepting rent for several months after the expiration of the lease. Second, tenant argued that the proceeding had been brought by two owners and was thus not in compliance with the Rent Stabilization…