From Casetext: Smarter Legal Research

Steltzer v. Eason

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 158 (N.Y. App. Div. 1991)

Opinion

July 8, 1991

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The subject of this partition action is a nine-unit, rent-stabilized apartment building located in Brooklyn, New York. By agreement dated March 26, 1980, the plaintiff Irwin Steltzer agreed to convey a one-half interest in the subject premises to one of the building's tenants, the appellant Matthew Eason. As consideration for the conveyance, the appellant agreed to continue to pay a monthly rental for his apartment, and to manage the subject premises without additional compensation.

Contrary to the appellant's contentions, upon acquiring a one-half ownership interest in the premises, he ceased to be a tenant entitled to the protection of the Rent Stabilization Code (see, 9 NYCRR 2520.6 [d]; Henry v Green, 126 Misc.2d 360). Accordingly, the Supreme Court properly concluded that the appellant's right to occupy the subject premises must terminate upon the partition sale. Lawrence, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

Steltzer v. Eason

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 158 (N.Y. App. Div. 1991)
Case details for

Steltzer v. Eason

Case Details

Full title:IRWIN STELTZER, Respondent, v. MATTHEW EASON, Appellant, et al., Defendants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 8, 1991

Citations

175 A.D.2d 158 (N.Y. App. Div. 1991)
572 N.Y.S.2d 46

Citing Cases

Tri-Land Properties, Inc. v. 115 West 28th Street Corp.

We note that while the purchaser did, in fact, serve defendants with a notice to vacate in conformity with…

Baxter Street Properties v. Lee

In affirming, we emphasize that respondent's status as a rent stabilized tenant, effectively ratified by…