Prior Court Decision on Apartment Condition Didn't Prove Primary Residence

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord after the trial. Tenant appealed. In a prior case, another court ruled that tenant had caused the cluttered condition of the apartment. Tenant claimed that the court unfairly relied on this decision in the primary residence case. The appeals court ruled against tenant. The trial court found that the prior court ruling proved only that the condition of the apartment was caused by tenant, not by landlord. The court's decision that tenant didn't primarily reside in the apartment was supported by other sufficient evidence.

MHM Sponsors Co. v. Vernon: NYLJ, 3/13/07, p. 29, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Sullivan, Sweeny, Catterson, McGuire, JJ)