Opinion
July 8, 1991
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The subject of this partition action is a nine-unit, rent-stabilized apartment building located in Brooklyn, New York. By agreement dated March 26, 1980, the plaintiff Irwin Steltzer agreed to convey a one-half interest in the subject premises to one of the building's tenants, the appellant Matthew Eason. As consideration for the conveyance, the appellant agreed to continue to pay a monthly rental for his apartment, and to manage the subject premises without additional compensation.
Contrary to the appellant's contentions, upon acquiring a one-half ownership interest in the premises, he ceased to be a tenant entitled to the protection of the Rent Stabilization Code (see, 9 NYCRR 2520.6 [d]; Henry v Green, 126 Misc.2d 360). Accordingly, the Supreme Court properly concluded that the appellant's right to occupy the subject premises must terminate upon the partition sale. Lawrence, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.