100 Apartment Associates, Inc. v. Estavillo

OPINION OF THE COURT

Memorandum.

Final judgment, insofar as appealed from, reversed without costs and matter remanded to the court below for entry of a final judgment awarding landlord possession and use and occupancy in an amount to be determined following a hearing.

In this holdover proceeding, landlord seeks to recover possession of a cooperative apartment located in the Village of Briar-cliff Manor. Tenant contends, inter alia, that landlord did not establish that it is entitled to maintain this proceeding because it did not show that it is the holder of the unsold shares or of the…