Trial Required

December 1, 1998

LVT Number: 12819

Landlord sued to evict tenant for nonprimary residence. Tenant had asked for permission to sublet his apartment to pursue an investment opportunity. During the sublet, tenant bought or was living in a condominium in New Jersey. Landlord claimed this was proof of nonprimary residence. The court ruled for landlord without holding a trial, and tenant appealed. The appeals court ruled for tenant and sent the case back for pretrial questioning and a trial. Tenant had stated that he intended to return to the apartment after the sublet was over.

Landlord sued to evict tenant for nonprimary residence. Tenant had asked for permission to sublet his apartment to pursue an investment opportunity. During the sublet, tenant bought or was living in a condominium in New Jersey. Landlord claimed this was proof of nonprimary residence. The court ruled for landlord without holding a trial, and tenant appealed. The appeals court ruled for tenant and sent the case back for pretrial questioning and a trial. Tenant had stated that he intended to return to the apartment after the sublet was over. The fact that he owned and/or lived in the New Jersey condo didn't necessarily prove that he wasn't coming back to the apartment.

E Petty v. Handy: NYLJ, p. 28, col. 3 (11/13/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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