Kivlan v. 230 E. 73rd Corp.

— Order of the Supreme Court, New York County (Eugene R. Wolin, J.), entered March 24, 1983 reversed, on the law and the facts, with costs, and plaintiff’s motion for a temporary injunction denied. This action involves plaintiff’s claim to the right to possession to a rent-stabilized five-room duplex penthouse apartment in premises 230 East 73rd Street, New York City. The original tenant of the apartment was plaintiff’s aunt, Ceil Rogers. She commenced her occupancy in 1950. In 1953 she married Thomas Rogers who moved into the apartment with her. Thereafter, the leases executed for the…