Decided March 19, 2010.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), entered May 9, 2008, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
PRESENT: McKeon, P.J., Schoenfeld, J.
Final judgment (Pam B. Jackman Brown, J.), entered May 9, 2008, reversed, without costs, and final judgment awarded to tenant dismissing the holdover petition.
The informal occupancy arrangement between tenant and his brother vaguely depicted in the record was not shown to constitute an illegal sublet, there being no evidence that the brother was obligated to pay or actually paid any rent or that his "occupancy is by virtue of a right that cannot be revoked for a fixed period of time" ( 445/86 Owners Corp. v Haydon, 300 AD2d 87, 88). Any issue concerning tenant's primary residence raised by his nursing home stay is more appropriately resolved in the context of a holdover proceeding based upon that ground.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.