Trial Required

November 1, 2005

LVT Number: 18433

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After pretrial questioning, tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. Tenant admitted that he traveled regularly to California. Landlord's employees submitted sworn statements that they rarely saw tenant at the seven-unit building. These facts were insufficient to prove whether tenant primarily resided in the apartment. A trial was needed.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After pretrial questioning, tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. Tenant admitted that he traveled regularly to California. Landlord's employees submitted sworn statements that they rarely saw tenant at the seven-unit building. These facts were insufficient to prove whether tenant primarily resided in the apartment. A trial was needed.

423 Madison Ave., LLC v. Blum: NYLJ, 10/5/05, p. 26, col. 2 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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