525 Park Avenue Associates v. De Hoyas

OPINION OF THE COURT

Margaret Taylor, J.

This is a holdover proceeding brought by the petitioner landlord (petitioner) seeking possession of an apartment based upon the allegation that this apartment is not the primary residence of respondent tenant (respondent).

In June of 1980, respondent entered into a two-year lease, expiring in September of 1982. At the time, the building was not owned by the petitioner but by a prior landlord. In May of 1982, the prior landlord notified the Conciliation and Appeals Board (CAB) of its plans to remove the building from the housing market by demolishing it…