Park-Lex Associates, Petitioner-Landlord-Cross-Appellant, v Fern M. Schad, Respondent-Tenant-Appellant, and Katherine Schad and Mark Mann, Respondents-Undertenants-Appellants.

Holding Summary judgment of possession was unwarranted because triable issues of fact existed regarding the family member succession defense, specifically concerning the permanent vacatur date and residency requirements. The court held that the current Rent Stabilization Code provision defining permanent vacatur is remedial and must be liberally construed to apply to the pending proceeding.

The court’s words

Summary judgment is unwarranted on this record because triable issues of fact exist as to the family member succession defense

2026 NY Slip Op 51568[U], at the official text

The Mitchel-Lama succession rules cited by Civil Court are not applicable herein

2026 NY Slip Op 51568[U], at the official text

Given our disposition, petitioner's request for fair market use and occupancy is denied as academic

2026 NY Slip Op 51568[U], at the official text