Tenant's Sister Moved in After Tenant Vacated

(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 nonprimary residence. Tenant claimed that the apartment was her primary residence and that her sister was entitled to pass-on rights. The court ruled for landlord. Landlord showed at the trial that tenant was a nonprimary resident of the apartment as early as 1991. Tenant's sister moved into the apartment after that date. So there was no two-year period during which tenant and her sister lived together in the apartment.

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