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HOTEL CAMERON INC. v. PURCELL

9 Misc.3d 30 (2005)

801 N.Y.S.2d 685

HOTEL CAMERON INC., Respondent, v. JOHN PURCELL, Appellant.

Supreme Court, Appellate Term, First Department.

July 11, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Marie A. Richardson and Marlen S. Bodden of counsel), for appellant.

Calabro & Fleishell, P.C., New York City (Cathy O'Donnell of counsel), for respondent.

McCOOE and SCHOENFELD, JJ., concur; SUAREZ, P.J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Orders entered on or about May 16, 2003 and August 1, 2003 reversed, without costs, and warrant of eviction vacated.

Upon our review of the record developed at the compliance hearing held below, we conclude that the petitioner landlord failed to establish that the rent-stabilized tenant substantially breached the provisions of the parties' October 30, 2002 "so-ordered...

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