Alta Apartments v. Weisbond

OPINION OF THE COURT

Order entered November 14, 2003 modified to deny tenant’s cross motion for summary judgment, to reinstate the petition, and to remand the matter to Civil Court for further proceedings; as modified, order affirmed, with $10 costs to petitioner appellant.

This holdover proceeding, seeking possession of a rent-stabilized apartment on the ground that the tenant of record, Barton Weisbond, violated the lease by subletting or assigning the premises to his son, Spencer Weisbond, is not susceptible to summary dismissal. This thin record so far developed raises triable issues as to…