In re Windsor Park Nursing Home

*965OPINION OF THE COURT

Charles J. Thomas, J.

Steven Abend was the owner of a cooperative apartment located at 110-20 71st Avenue, Forest Hills, New York, who sublet the apartment to Anne Gustaitis. Mr. Abend and Ms. Gustaitis entered into a sublease agreement for the subject premises commencing July 30, 2003. At the time the sublease was signed, Ms. Gustaitis placed a security deposit of $2,500. When the sublease expired Ms. Gustaitis did not vacate the subject premises and Mr. Abend commenced a holdover proceeding in November 2004. Due to Ms. Gustaitis’ deteriorating health she did not appear or…