350-352 South 4th Street, HDFC v. Torres

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Petitioner, a housing development fund corporation, commenced this summary proceeding pursuant to RPAPL 713 (11), seeking to recover possession of an apartment on the ground that Jose Torres (occupant) had entered into possession of the apartment as an incident of his employment as superintendent and that his employment had been terminated. In his answer, occupant alleged that he had been hired as the…