224 East 18th Street Associates v. Sijacki

OPINION OF THE COURT

Bernard Fuchs, J.

The basis of this holdover proceeding is that respondent’s rent-controlled apartment is allegedly not her primary residence. At the threshold, respondent moves to dismiss the petition for lack of "subject matter jurisdiction”.

An offering statement or prospectus for conversion of the *495building to cooperative ownership was accepted for filing by the Attorney-General on May 28, 1987. The offering was on a noneviction basis and provided a 90-day period, now expired, during which tenants had an exclusive right to buy their respective apartments. Respondent has…