255 Fieldston Buyers Corp. v. Michaels

*106OPINION OF THE COURT

Order entered November 9, 2001 modified by denying tenants’ cross motion for summary judgment; as modified, order affirmed, without costs.

Petitioner, a cooperative corporation, seeks possession for tenants’ violation of the house rule prohibiting the use of clothes washing machines within individual apartments. Pursuant to the proprietary lease, a breach of the house rules is deemed a default under the lease. Tenants assert that they have maintained a washing machine since at least 1988, when the building was converted to cooperative ownership. Upon respective motions for…