140 East 46th Street LLC v. Murray

OPINION OF THE COURT

Order, dated February 22, 2010, reversed, with $10 costs, motion denied and petition reinstated.

This holdover summary proceeding, based upon allegations that tenant unlawfully sublet her stabilized Manhattan apartment, is not susceptible to summary dismissal. The evidence presented in the summary judgment motion was insufficient to establish as a matter of law that tenant intends to reoccupy the subject apartment as her primary residence upon the expiration of the sublease term or that the landlord’s withholding of consent to the sublet was unreasonable (see Real Property…