Stromer v. Granata

OPINION OF THE COURT

Order entered June 27, 1983 affirmed, with $10 costs.

Landlord commenced this holdover proceeding on or about May 11, 1983, seeking possession of tenant’s stabilized apartment for the use of her son, pursuant to subdivision B of section 54 of the Code of the Rent Stabilization Association of New York City, Inc. Tenant’s last lease expired April 30, 1983 and, it is undisputed, no offer to renew tenant’s lease term was ever tendered by landlord.

Before answering, tenant moved to dismiss the petition for lack of subject matter jurisdiction (CPLR 3211, subd [a], par 2) and for…