Hudson Hills Tenant Corp. v. Stovel

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and landlord’s motion for summary judgment is denied.

In this holdover summary proceeding, the petition alleges that landlord, a cooperative corporation, terminated tenant’s proprietary lease on the ground that tenant had breached the lease by subletting the subject apartment without landlord’s prior written permission. Tenant’s answer asserts, among other *27things, that landlord’s board of directors had illegally adopted a resolution that had amended the sublet provisions in the proprietary lease, and that, in any…