Blumenthal v. Chung Fu Lam

*234OPINION OF THE COURT

Gaby F. Mabton, J.

This holdover proceeding rests on petitioner’s allegation that respondent wrongfully refused petitioner’s tender of a legally sufficient lease for the premises. Respondent concedes the refusal but denies the lease’s legal sufficiency. Issue has been joined. Now, the parties move and cross-move for summary judgment. As set out below, petitioner’s motion is denied, respondent’s cross motion is granted, and this proceeding is dismissed.

The facts are easily stated. The premises at issue are a rent-stabilized apartment. In 1982 respondent became the tenant. In…