Ariel Associates, L. L. C. v. Brown

—Order of the Appellate Term of the Supreme Court, First Department (Freedman, J. P., and Davis, J.), entered April 7, 1999, affirming orders of the Civil Court, New York County (Marcy Friedman, J.), entered September 7, 1997 and February 19, 1998, which dismissed the instant holdover proceeding and, upon reargument, adhered to such dismissal, unanimously affirmed, without costs.

Petitioner’s claim that respondents should be evicted for profiteering was properly rejected on the ground that the summer subletting complained of did not rise to a level of profiteer*370ing warranting termination of…