The court found issues of fact and reversed previous summary judgment for the tenant. In 2000, John G. and Yunia C. Rwambuya permanently vacated their apartment at 10 Waterside Plaza in the Kips Bay area of Manhattan. The apartment complex was regulated under the Mitchell-Lama program and later converted to market-rate housing. A settlement agreement signed by the Rwambuyas granted them a limited right to transfer their apartment to their son, Joseph Rwambuya as a successor tenant. The complex owner, Waterside Plaza Ground Lessee LLC, sued Joseph Rwambuya to recover the apartment claiming his parents had breached the settlement agreement by failing to maintain the apartment as their primary residence prior to transferring it to Mr. Rwambuya.
