[U] 201 East 37 Owners Corp. v. Cass

This opinion is uncorrected and will not be published in the printed Official Reports. Petitioner brings this holdover proceeding to evict respondents Evelyn Cass and Steven Cass, her son, on the ground that Ms. Cass does not live in the subject cooperative studio apartment with Mr. Cass, as Paragraph 14 of Ms. Cass's proprietary lease requires. (See e.g. 445/86 Owners Corp. v Haydon, 300 AD2d 87, 88 [1st Dept 2002, mem].) Respondents argue that petitioner has waived the cohabitation requirements of Paragraph 14 and thus move for summary judgment. Petitioner opposes that motion and cross-moves for use and occupancy pendente lite. Respondents' motion is granted. Petitioner's motion is denied as academic.