Vartarian v. Brady

OPINION OF THE COURT

Lucy Billings, J.

In this summary holdover proceeding petitioner seeks to evict respondent tenant Kathy Brady from 18 Abington Square, apartment 1, in New York County, because she has not maintained the apartment as her primary residence. Petitioner *335seeks also to evict respondent undertenant John Brady from the apartment because he has not established any right to possession of the apartment.

I. THE FACTS PRESENTED AND THE ISSUES RAISED AT TRIAL

A. Respondent Kathy Brady’s Surrender of Possession of the Rent-Controlled Apartment

In 1949, Mesrob Vartanian, the named petitioner,…