Apartment Rented to Spanish Mission

Landlord sued to evict tenant for nonprimary residence. Landlord refused to renew tenant Spanish Mission's rent-stabilized lease. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord, and landlord appealed. Two appeals courts ruled against landlord. The lease stated that the apartment was for use of a named authorized tenant, whom landlord claimed had moved out. But the lease also stated that if that tenant was transferred out of New York, ''his successor may take over the apartment.'' So, landlord and tenant agreed that a class of persons, not just one, was authorized to occupy the apartment. The question was whether the new tenant was authorized. A trial was needed to decide this factual question.

San-Dar Associates v. Permanent Mission of Spain to United Nations: NYLJ, p. 27, col. 1 (4/28/94) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Ross, Nardelli, Williams, JJ)