San-Dar Associates v. Permanent Mission of Spain to the United Nations

Appellate Division of the Supreme Court of New York

San-Dar Associates v. Permanent Mission of Spain to the United Nations

203 A.D.2d 196, 610 N.Y.S.2d 271

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 196 (San-Dar Associates v. Permanent Mission of Spain to the United Nations) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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San-Dar Associates v. Permanent Mission of Spain to the United Nations, 203 A.D.2d 196, 610 N.Y.S.2d 271 (N.Y. Ct. App. 1994).

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Opinion

—Order of the Appellate Term of the Supreme Court, First Department (Ostrau, P. J., Riccobono and Mc-Cooe, JJ.), entered October 8, 1992 which, to the extent appealed from, affirmed an order of the Civil Court, New York County (Phyllis Gangel-Jacob, J.), entered April 29, 1988, denying petitioner’s motion for summary judgment, unanimously affirmed, with costs.

Petitioner landlord served a notice of non-renewal upon respondent on or about October 29, 1986, seeking to terminate the rent stabilized tenancy of respondent Permanent Mission of Spain to the United Nations upon the ground of non-primary residence.

The lease agreement entered into between respondent and petitioner’s predecessor identified the authorized occupant of the apartment as Juan Manuel Cabrero Hernandez. It also carried a rider which stated, "It is understood and agreed that if tenant is transferred from New York City, his successor may take over the Apt, but must first be approved by the Landlord.” It is clear, therefore, that the parties to the lease identified and contemplated a class of persons authorized to occupy the apartment on a rent stabilized basis, and the controlling issue is whether the current occupant falls within the authorized class and is occupying the apartment as a primary residence (Matter of Schwartz Landes Assocs. v New York City Conciliation & Appeals Bd., 117 AD2d 74, 76-77). Concur — Rosenberger, J. P., Ellerin, Ross, Nardelli and Williams, JJ.

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—Order of the Appellate Term of the Supreme Court, First Department (Ostrau, P. J., Riccobono and Mc-Cooe, JJ.), entered October 8, 1992 which, to the extent appealed from, affirmed an order of the Civil Court, New York County (Phyllis Gangel-Jacob, J.), entered April 29, 1988, denying petitioner’s motion for summary judgment, unanimously affirmed, with costs.

Petitioner landlord served a notice of non-renewal upon respondent on or about October 29, 1986, seeking to terminate the rent stabilized tenancy of respondent Permanent Mission of Spain to the United Nations upon the ground of non-primary residence.

The lease agreement entered into between respondent and petitioner’s predecessor identified the authorized occupant of the apartment as Juan Manuel Cabrero Hernandez. It also carried a rider which stated, "It is understood and agreed that if tenant is transferred from New York City, his successor may take over the Apt, but must first be approved by the Landlord.” It is clear, therefore, that the parties to the lease identified and contemplated a class of persons authorized to occupy the apartment on a rent stabilized basis, and the controlling issue is whether the current occupant falls within the authorized class and is occupying the apartment as a primary residence (Matter of Schwartz Landes Assocs. v New York City Conciliation & Appeals Bd., 117 AD2d 74, 76-77). Concur — Rosenberger, J. P., Ellerin, Ross, Nardelli and Williams, JJ.

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Bluebook (online)

203 A.D.2d 196, 610 N.Y.S.2d 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-dar-associates-v-permanent-mission-of-spain-to-the-united-nations-nyappdiv-1994.

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