Muller v. Stein

OPINION OF THE COURT

Helen E. Freedman, J.

The novel question presented here is whether this court has jurisdiction in a summary holdover proceeding brought by the prime tenant of a rent-controlled apartment against the subtenants, where no certificate of eviction has been obtained. In August, 1978, petitioner with the consent of the owner entered into a “sublease agreement” with respondents as sublessees. The agreement was for a three-year period, expiring July 31, 1981.

Petitioner seeks to regain possession alleging that the sublease term has expired and that she desires the apartment for her…