St Owner LP v. Doe

OPINION OF THE COURT

Joseph E. Capella, J.

The tenant of record of the subject rent-stabilized apartment, Judith Ehrenberg, died on June 27, 2006. In October 2008, the petitioner commenced this licensee holdover proceeding, and the respondent appeared and interposed the affirmative defense of succession as an “immediate family member” as defined by Rent Stabilization Code (RSC) (9 NYCRR) § 2520.6 (n). According to the respondent, she is Judith Ehrenberg’s granddaughter and resided with Judith during the two years prior to her death. Early in the proceeding, the respondent moved for summary…