Tenant Was Nonprimary Resident When Sister Moved In

(Decision submitted by Sabrina B. Isaacs, of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting and assignment. While the case was pending, landlord also sued to evict tenant for nonprimary residence. The cases were combined by the court. Tenant claimed the apartment was her primary residence, that the ''subtenant'' was her sister, that her sister had lived in the apartment since 1991, and that her sister could have pass-on rights. The court ruled for landlord. Landlord showed that tenant was a nonprimary resident since at least 1991. So tenant's sister couldn't have lived in the apartment with tenant long enough to establish pass-on rights.

Muth v. Martin: Index No. 91150/96 (12/5/97) (Civ. Ct. NY; Malatzky, J) [2-page document]