Cudar v. O'Shea

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is affirmed, without costs.

In this summary proceeding brought pursuant to RPAPL 713 (10), petitioner seeks to be restored to nonexclusive possession (see generally Markun v Weckstein, 100 Misc 668 [App Term, 1st Dept 1917]) of his rent-controlled apartment, currently occupied by his ex-wife and her adult son. Petitioner moved for, among other things, summary judgment, and occupants cross-moved to dismiss the petition or, in the alternative, for a stay of the proceeding, and for the imposition of sanctions.

In our view, the Civil…