New Trial Needed in Primary Residence Case

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court dismissed the proceeding after landlord presented its case, without any defense being put in by tenant. The court found that landlord failed to meet its initial burden of showing that tenant didn't have an ongoing, substantial, physical connection with the apartment for actual living purposes. Landlord appealed and won. The court improperly dismissed the case. Landlord presented video surveillance tapes and testimony by the building's resident super tending to show tenant's sporadic use of the apartment, and the frequent presence of a series of other people using the apartment. Landlord also presented correspondence sent to tenant at an address in the State of Washington. The case was sent back for a new trial.

521 East 5th LLC v. Brandon: NYLJ, 11/12/09, p. 31, col. 1 (App. T. 1 Dept., McKeon, PJ, Shulman, Hunter, JJ)