Joint Properties Owners, Inc. v. Deri

OPINION OF THE COURT

Judgment entered June 4, 1984 reversed, with $10 costs, petitioner’s motion for summary judgment denied, and appellant’s cross motion for summary judgment dismissing the petition is granted.

Appellant is the executor of the estate of a deceased rent-stabilized tenant. The tenant, who died on February 16, 1983, *27was in possession of the subject premises under a lease which does not expire until September 30, 1985. In May 1983, appellant, as executor, gave notice to the landlord in writing of his intent to assign the apartment to himself. Landlord denied appellant’s request…