Landlord Didn't Prove Tenant Was Nonprimary Resident

August 31, 2002

LVT Number: 16072

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. The trial court's interpretation of the evidence was fair. And by itself, tenant's failure to file a New York City resident tax return wasn't the deciding factor in the case.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord. Landlord appealed and lost. The trial court's interpretation of the evidence was fair. And by itself, tenant's failure to file a New York City resident tax return wasn't the deciding factor in the case.

348 East Realty, LLC v. Hardy: NYLJ, 8/20/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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