Nonprimary Residence Claim Against Tenant Dismissed for Insufficient Facts

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial. Tenant had lived in the apartment since 2000 and said she had had no other address. She said that the address landlord listed as tenant's alternate address in the termination notice was her daughter's address. Tenant also counterclaimed for harassment. The court ruled for tenant and dismissed the case. Landlord didn't claim any facts or personal knowledge of tenant or her residency in the apartment. The termination notice stated allegations only upon "information and belief." So landlord's notice was insufficient. But tenant's claim for sanctions against landlord was denied since tenant didn't show that landlord engaged in frivolous conduct.

245 Lenox LLC v. Paraison: Index No. 096690/2017, NYLJ, 8/15/18, p. 21, col. 2 (Civ. Ct. Kings; 7/25/18; Sikowitz, J)