Loft Tenant Not a Primary Resident

June 30, 1995

LVT Number: 9831

Landlord sued to evict loft tenant for nonprimary residence. The trial court ruled for landlord and tenant appealed. Tenant claimed he had left the apartment because landlord was harassing him. The court ruled against tenant. Landlord proved at trial that tenant wasn't using the apartment as his primary residence. The court fairly interpreted the proof presented, including testimony of another tenant.

Landlord sued to evict loft tenant for nonprimary residence. The trial court ruled for landlord and tenant appealed. Tenant claimed he had left the apartment because landlord was harassing him. The court ruled against tenant. Landlord proved at trial that tenant wasn't using the apartment as his primary residence. The court fairly interpreted the proof presented, including testimony of another tenant.

Vitale v. Nelson: NYLJ, p. 26, col. 5 (6/1/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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