140 East 46th Street LLC v. Murray

OPINION OF THE COURT

Gerald Lebovits, J.

In this holdover proceeding, petitioner alleges that respondent sublet her rent-stabilized apartment in violation of her lease. Respondent seeks summary judgment dismissing the petition. Respondent’s motion is granted.

Petitioner is the owner and landlord of 140 East 46th Street, apartment 5E, in New York County. Respondent, who has resided in this rent-stabilized apartment for about 40 years, requested petitioner’s consent to sublet her apartment for two years while she went to Florida to recuperate after a successful battle with cancer. Petitioner…