Garone v. Joy

OPINION OF THE COURT

Margaret Taylor, J.

The facts underlying this CPLR article 78 proceeding are not in dispute.

Petitioner is a 74-year-old woman. She resides in an apartment located on Manhattan’s Lower East Side that is owned by the respondent Yee Fong Toy Assoc. Petitioner has resided in the apartment for virtually her entire life.

Originally, as early as 1915, petitioner’s parents were tenants of the apartment. Their 1915 rent was $3 per week.

Sometime during those early years petitioner’s father became the superintendent of the building. When petitioner’s father could no longer perform the…