PLWJ Realty, Inc. v. Gonzalez

I respectfully dissent. I would reverse and dismiss the holdover petition upon the authority of Park Holding Co. v Rosen (241 AD2d 304, revg NYLJ, Oct. 3, 1996, at 24, col 1, for the reasons stated in dissenting opn of Helen E. Freedman, J.). If the landlord’s position is that tenant is no longer occupying the premises as a primary residence, it should have commenced such a proceeding upon the expiration of the last lease renewal. Instead, this proceeding was brought as an “illegal sublet” where the alleged “subtenant” is tenant’s own son who was raised in the apartment and has lived there…