Sharp v. Feldman

OPINION OF THE COURT

Marilyn G. Diamond, J.

Respondents, the prime tenant, Edgar Feldman (Feldman), the subtenant, Stephen Schoenfeld (Schoenfeld), and Schoenfeld’s co-occupant, Gayle Morris (Morris), move for summary judgment dismissing the holdover petition and awarding them attorney’s fees. Petitioner cross-moves for an order allowing him to depose Feldman and Schoenfeld.

The petition is brought on the grounds set forth in the notice to cure and notice of termination served by petitioner, to wit: (1) that Feldman’s sublet to Schoenfeld was unauthorized by petitioner, and (2) that the sublet…