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230-79 EQUITY, INC., pet-land-app, v. BEATRICE FRANK, res-tent-cross-app, -AND- “JANE DOE,” res

15-477. 230-79 EQUITY, INC., pet-land-app, v. BEATRICE FRANK, res-tent-cross-app, -AND- "JANE DOE," res — Order (Arlene H. Hahn, J.), entered March 26, 2015, modified by granting landlord's motion for summary judgment on the holdover petition; as modified, order affirmed, with $10 costs. Issuance of the warrant of eviction shall be stayed for 10 days from the service of a copy of this order with notice of entry so that respondent may cure the breach of lease (see RPAPL 753[4]).

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15-477. 230-79 EQUITY, INC., pet-land-app, v. BEATRICE FRANK, res-tent-cross-app, -AND- “JANE DOE,” res — Order (Arlene H. Hahn, J.), entered March 26, 2015, modified by granting landlord’s motion for summary judgment on the holdover petition; as modified, order affirmed, with $10 costs. Issuance of the warrant of eviction shall be stayed for 10 days from the service of a copy of this order with notice of entry so that respondent may cure the breach of lease (see RPAPL 753[4]).

Petitioner’s motion for summary judgment on the holdover petition should have been granted. The undisputed record evidence establishes that respondent Beatrice Frank, the proprietary lessee, breached Paragraph 14 of the governing proprietary lease agreement by permitting her daughter to reside in the subject cooperative apartment, while respondent lived elsewhere. Paragraph 14 provides that the apartment may not be used for any purpose “other than as a private dwelling for the Lessee and Lessee’s spouse, their children, grandchildren, parents, grandparents, brothers and sisters and domestic employees.” This language is “correctly construed…as permitting occupancy by the listed persons other than the lessee only if the lessee maintains a concurrent occupancy” (445/86 Owners Corp. v. Haydon, 300 AD2d 87 [2002]; but see Wilson v. Valley Park Estates Owners Corp., 301 AD2d 589 [2003]).

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