Berkeley Associates Co. v. Camlakides

Sullivan, J. P.,

dissents in a memorandum as follows: This is an appeal from the dismissal of a holdover proceeding— predicated upon the claim that the tenant was not entitled to a rent stabilized renewal lease because the subject apartment was not occupied as a primary residence—on the ground that the requisite 120/150 day notice did not allege sufficient facts to satisfy the Rent Stabilization Code’s requirements. The matter is before us by leave of the Appellate Term, which, by a divided court (Parness, J. P., dissenting), affirmed the order of dismissal. I would reverse and reinstate the…