Primrose Management Co. v. Donahoe

Order of the Appellate Term of the Supreme Court, First Department (Ostrau, P. J., and Freedman, J.; McCooe, J., dissenting), entered November 24, 1997, affirming the order of the Civil Court, New York County (Eardell Rashford, J.), entered on or about September 27, 1996, which granted tenant’s motion to dismiss the holdover petition, unanimously affirmed, without costs, and the matter remanded to the Division of Housing and Community Renewal to set the prospective rent of the current subtenant Donahoe based upon the fair-market rent as of the date of respondent Donahoe’s initial occupancy of…