Libani v. Concorde & CIE, L.P.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 8, 1998, which, inter alia, dismissed defendant landlord’s claim for possession of the subject apartment, dismissed the landlord’s claim for use and occupancy without prejudice to its commencement of an action for past due rent, and declared that although the subject apartment is not rent stabilized, the landlord may not evict plaintiff tenants on the ground that their lease has expired, unanimously affirmed, without costs.

Although apparently contemplated by the offering plan, in fact the parties’ interim lease…