Yui Woon Kwong v. Guido

OPINION OF THE COURT

Harold Tompkins, J.

The novel issue which is raised in this holdover proceeding is whether the respondent, until recently the building superintendent, is entitled to retain possession of his apartment because his father, the prior superintendent of the building from 1933 until his death, originally entered into possession of that apartment as a tenant.

During the winter of 1933, respondent, with his father and family, moved into an apartment at 56 Henry Street (apartment 4), New York, New York. The respondent’s father took possession solely as a rent-paying tenant. Some…