Doubledown Realty Corp. v. Gibbs

OPINION OF THE COURT

Joseph Kevin McKay, J.

INTRODUCTION

Petitioner landlord (Doubledown) brought this summary holdover proceeding pursuant to RPAPL 713, contending that respondent tenant (Gibbs) was a mere licensee in the subject rent-controlled apartment, whose right to occupy the premises ended with the death of her mother, the statutory tenant. Gibbs, on the other hand, claims to have succeeded her mother as the rent-controlled tenant or, failing that, asserts that Doubledown affirmed her tenancy by accepting her rent.

THE FACTS

In March, 1971 Gibbs’ father Elwood Harris leased these…