46 Downing Street LLC v. Thompson

OPINION OF THE COURT

Sabrina B. Kraus, J.

Background

The underlying summary holdover proceeding was commenced by 46 Downing Street LLC against Otto Thompson, the rent control tenant of record, based on the allegation that respondent had sublet 46 Downing Street — apartment 1C, New York, New York 10014 — without permission, and in violation of section 226-b of the Real Property Law. At the time the proceeding was commenced, respondent was incarcerated. Kay K. Bourabah was not originally named or served in this proceeding, but she was substituted in by the inquest court1 for “Jane Doe” on the date…