Murphy v. Carter

OPINION OF THE COURT

Order, entered May 26, 2005, reversed, without costs, landlords’ motion denied and matter remanded for further proceedings.

This summary eviction proceeding, premised upon allegations that tenant overcharged a roommate (respondent Sheppard) in violation of Rent Stabilization Code (9 NYCRR) § 2525.7, is not ripe for summary disposition. Even assuming for purposes of this appeal that the relationship between the tenant and Sheppard was that of roommates even though designated as that of tenant and subtenant in their March 2000 written agreement (compare Ishida v Markowicz, 18…