Lee v. Wright

Order of the Supreme Court, New York County (B. McM. Wright, J.), entered May 23, 1984, which denied plain*679tiff’s motion for summary judgment and directed entry of judgment in favor of defendant, is modified, on the law, to vacate the direction of judgment for defendant, and otherwise affirmed, without costs.

On May 1,1978, plaintiff took occupancy of the subject apartment at Kips Bay Towers with one Henry Leung, pursuant to a lease naming Mr. Leung as the tenant and indicating two occupants. The security deposit and the first month’s rent were paid with plaintiff’s personal checks. Four months…