Giannini v. Stuart

In this holdover proceeding, the Appellate Term affirmed a final order in favor of the landlord.

Two prime questions are posed. The first is whether the petition is jurisdictionally defective; the second, whether a “ Landlord’s Report on Statutory Decontrol ” filed with the Rent Commission is sufficient to establish that the premises are in fact decontrolled. These will be considered in inverse order.

The landlord’s claim that the premises are decontrolled rests upon her assertion that she occupied the apartment continuously for a period of two years after April 1, 1953 (see State Residential…