Runquist v. Koeppel

*570OPINION OF THE COURT

Mark H. Spires, J.

Petitioners move for a judgment awarding possession of penthouse B at 250 East 73rd Street pursuant to RPAPL 713 (10) and for treble damages pursuant to RPAPL 853. Respondent cross-moves for a judgment dismissing this action.

Petitioners’ verified petition alleges the following facts. Petitioner Schwartz, the proposed subtenant of the prime tenant petitioner Runquist, was denied subtenancy by the respondents by letter dated December 12, 1989. On January 6, 1990 petitioner Runquist departed for Sweden where he was temporarily relocated. By that date…