425 Realty Co. v. Herrera

*791OPINION OF THE COURT

Order entered January 20, 1990 reversed, with $10 costs, tenants’ motion to dismiss denied.

In this holdover summary proceeding, landlord seeks to recover the subject rent-stabilized two-bedroom apartment on the ground that there "are more roommates and/or occupants in the subject apartment than allowed pursuant to Section 235-f of the Real Property Law.” Tenants answered, asserting Real Property Law § 235-f protection, and moved to dismiss the petition. By affidavit in support, tenant Norma Herrera states that she and her sister Linda Herrera, the named tenants on the…