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FIFTY CENTRAL PARK WEST CORP. v. LYDIE BASTIEN (07/10/69)
CIVIL COURT OF THE CITY OF NEW YORK, TRIAL TERM, NEW YORK COUNTY
1969.NY.42546 <http://www.versuslaw.com>; 302 N.Y.S.2d 267; 60 Misc. 2d 195
July 10, 1969
FIFTY CENTRAL PARK WEST CORP., PETITIONER,v.LYDIE BASTIEN, RESPONDENT. EDWARD SERZYSKO, UNDERTENANT
Tenser, Greenblatt, Fallon & Kaplan (Morton S. Bunis of counsel), for petitioner.
Irving T. Pollack for respondent and undertenant.
Maurice Wahl, J.
In this summary holdover proceeding the landlord alleges that the two-year term under the written rental agreement came to its natural termination date on March 31, 1969; that the tenant holds over without permission and that the proper 30-day termination notice has been given.
The parties hereto by their respective attorneys have by written statement entered into an agreed statement of facts. These are:
1. Fifty Central Park West Corp. is the landlord and owner in fee of the premises known as 50 Central Park West, in the Borough of Manhattan, City and State of New York.
2. Lydie Bastien is the tenant of the apartment on the second floor of said premises, known as Apt. 2C, and continues in possession of the said apartment.
3. Michael Brod, Ralph Lichtly and Edward Serzysko are undertenants of the afore-mentioned tenant and are occupants in said apartment.
4. The tenant entered into possession of the said premises under the terms of a written rental agreement made on November 12, 1957, and has continued in possession under a series of written rental agreements, the last of which was made on the 1st day of April, 1967, for a term to commence on the 1st day of April, 1967 and to end on the 31st day of March, 1969, at annual rental of $4,500, payable in equal monthly installments of $375 each. A copy of said last rental agreement is annexed.
5. The undertenant Edward Serzysko has been residing in the premises as an undertenant since July of 1962 and still so resides. All rents from May of 1964 through March, 1969 have been paid by checks of the said Edward Serzysko and have been accepted by the landlord.
6. The undertenant Michael Brod has been residing in the premises as the secretary to the tenant for approximately 10 years and still so resides. The undertenant Ralph Lichtly has been residing in the premises as undertenant for approximately eight years and still so resides.
7. On January 31, 1969, the managing agent for the landlord addressed and forwarded a communication to the tenant expressing its intent not to renew the lease expiring March 31, 1969.
8. The term for which said premises were rented by the tenant expired on March 31, 1969, as set forth in said lease and the tenant and undertenants continue in possession of the premises.
9. No written consent was given to the tenant for underletting of the premises, either during the term of the last lease or during the term of any prior written lease.
10. No written permission was given by the landlord to the tenant to continue in possession of the premises after the expiration of the said term as set forth in said lease.
11. The undertenant Edward Serzysko has tendered to the landlord certified checks for the rent for the months of April, May, and June, 1969, similar to the ones heretofore accepted by the ...