Ropla Realty Corp. v. Ulmer

OPINION OF THE COURT

Ira Gammerman, J.

This is a holdover summary proceeding brought for the second time by petitioner who again seeks possession of a residential loft located at 19-21 Warren Street, New York City. A brief discussion of the procedural history of this case is necessary before dealing with the substantive issues.

Petitioner originally commenced a holdover proceeding against respondent in January, 1980 alleging a substantial breach of a commercial lease by use of the premises as a residence. In January, 1981, after a lengthy trial, the proceeding was dismissed by Judge Ethel Danzig…