One Vincent Road Realty Co. v. Mulqueen

OPINION OF THE COURT

J. Emmett Murphy, J.

This is a summary proceeding in holdover to recover possession of an apartment regulated by the Emergency Tenant *830Protection Act of 1974 (ETPA) (L 1974, ch 576, §4), and tenant protection regulations promulgated thereunder (TPR) (9 NYCRR 2500 et seq.). The landlord alleges that the apartment is no longer the primary residence of the named tenant, and that he is not required to offer a lease renewal to the tenant’s sons, both of whom remain in the apartment. While succession rights to apartments have been the frequent subject of litigation in the context…