Tenant Proved She Was Primary Resident

January 1, 1999

LVT Number: 12901

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant presented proof of her primary residence in the apartment, and the court dismissed the case. Landlord appealed and lost. Landlord hadn't presented sufficient proof to the trial court to overcome tenant's showing that she lived in the apartment as her primary residence. So the case was properly dismissed without a trial.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant presented proof of her primary residence in the apartment, and the court dismissed the case. Landlord appealed and lost. Landlord hadn't presented sufficient proof to the trial court to overcome tenant's showing that she lived in the apartment as her primary residence. So the case was properly dismissed without a trial.

Rosefielde v. Renzulli: NYLJ, p. 25, col. 2 (12/14/98) (App. Div. 1 Dept.; Lerner, PJ, Ellerin, Andrias, Saxe, JJ)

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