Landlord—Tenant—Holdover Proceeding—Tenants Do Not Forfeit Their Primary Residence Status Due to A Temporary Absence—Even Where Temporary Absence Is Attributable to A Definite Term of Incarceration In Prison
A landlord commenced a holdover proceeding against respondent (“A”), John Doe and Jane Doe, on the grounds that “A’s” license to occupy the subject apartment (apartment) had expired upon the death of the tenant of record (“B”), on or about May 15, 2012. After the landlord moved to conduct discovery of “A,” the parties entered into a stipulation pursuant to which “C” appeared and was substituted as “John Doe.” The proceeding was marked off the calendar pending their completion of discovery.
