Gardens v. Guevara

OPINION OF THE COURT

Solomon Zuckerman, J.

Petitioner sues in a summary holdover proceeding to obtain possession of the respondent’s apartment. Respondent has interposed an answer in which he states that although his services as superintendent have been terminated he would like to continue in his present apartment as a tenant. Furthermore, the answer alleges a claim against the petitioner landlord for the return of security deposited for a former apartment and a claim for salary allegedly due him.

The testimony indicates that originally, on or about January 1, 1981, the parties executed a…