Farchester Gardens, Inc. v. Elwell

OPINION OF THE COURT

John R. La Cava, J.

On September 18, 1987, a hearing was held in order to determine whether Thomas and Laurie Elwell, respondents prime tenants in the above summary holdover proceeding, breached the stipulation of settlement which provided, inter alia, that a named subtenant was to vacate possession of the apartment and that the Elwells were to return to occupancy.

The court makes the following findings of fact and conclusions of law:

The instant holdover proceeding was commenced by service upon respondents of a 30-day notice (together with notice to cure) alleging breach of…