Primary Residence Case Reopened for New Trial

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant’s request to dismiss the case after landlord presented its part of a trial. Landlord appealed, and the case was reopened.  Landlord presented proof, including tenant’s pretrial deposition testimony, that she permanently vacated the apartment in March 2009 and relocated to Florida. This was prior to landlord’s delivery of the nonrenewal notice in July 2009, and showed that tenant didn’t have an ongoing, substantial, physical connection with the apartment for actual living purposes. A new trial was needed, where apartment occupants could present their succession defense.

145 East 16th Street, LLC v. Spencer: 49 Misc.3d 128(A), 2015 NY Slip Op 51392(U) (App. T. 1 Dept.; 10/1/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)