Trial Required on Landlord's Claim

January 1, 2004

LVT Number: 17051

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. There were questions of fact raised by landlord's claim concerning tenant's family relationships, the extent of his presence at the apartment, his marital residence in New Jersey, and a Florida address listed on his tax returns. Tenant didn't present sufficient proof to decide the case without a trial.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. There were questions of fact raised by landlord's claim concerning tenant's family relationships, the extent of his presence at the apartment, his marital residence in New Jersey, and a Florida address listed on his tax returns. Tenant didn't present sufficient proof to decide the case without a trial.

Wenham Realty Corp. v. Miller: NYLJ, 12/23/03, p. 29, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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