Landlord Didn't Prove Nonprimary Residence

LVT Number: 14513

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord didn't prove nonprimary residence. And the fact that tenant didn't produce her daughter as a witness at the trial couldn't be used against her by the court.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord after a trial. Landlord appealed and lost. Landlord didn't prove nonprimary residence. And the fact that tenant didn't produce her daughter as a witness at the trial couldn't be used against her by the court.

318 E. 93, LLC v. Ward: NYLJ, 10/10/00, p. 23, col. 2 (App. Div.1 Dept.; Mazzarelli, JP, Ellerin, Wallach, Rubin, Saxe, JJ)