Landlord Proves Tenant's Nonprimary Residence

August 18, 2015

LVT Number: #26329

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Before trial, tenant sought landlord’s admission that tenant had lived in the apartment for 183 days during the prior calendar year. The court had correctly ruled that tenant’s notice to admit was improper because it sought to have landlord admit an ultimate issue. The purpose of a notice to admit is only to eliminate from the trial issue matters that won't be in dispute.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for landlord. Tenant appealed and lost. Before trial, tenant sought landlord’s admission that tenant had lived in the apartment for 183 days during the prior calendar year. The court had correctly ruled that tenant’s notice to admit was improper because it sought to have landlord admit an ultimate issue. The purpose of a notice to admit is only to eliminate from the trial issue matters that won't be in dispute. Tenant otherwise didn’t prove that he maintained a substantial physical connection to the apartment.

 

 

 
Hyatt Ave. Associates, LLC v. Rahman: 2015 NY Slip Op 25253, 2015 WL 4604338 (App. T. 2 Dept.; 7/27/15; Pesce, PJ, Weston, Solomon, JJ)

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