New Trial Needed on Landlord's Nonprimary Residence Claim

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled for tenant and dismissed the case. Landlord appealed and won. At trial, tenant testified that he became ill while on a trip to Mali in December 2018 and had been unable to return to the U.S. due to illness. He also claimed he intended to return to NY as soon as he could but had also claimed that his nephew was entitled to succession rights. Before trial, the court had issued a pretrial ruling stating that tenant "gave up his rights" and was "no longer the tenant of record." The court limited the scope of the issues to be tried to the nephew's succession claim. The appeals court found that landlord had reasonably relied on the court's pretrial ruling and wasn't given the chance to alter its trial strategy to introduce proof of tenant's nonprimary residence during trial. A new trial was required on all issues in light of tenant's conflicting statements concerning his intent to surrender possession of the apartment.

Bravo Realty Corp. v. Boubacare: Index No. 570545/22, 2023 NY Slip Op 50138(U)(App. T. 1 Dept.; 2/27/23; Hagler, PJ, Tisch, J)