Tenant Bought Co-op in Different Building

March 1, 1995

LVT Number: 9521

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was overwhelming proof that tenant didn't live in the apartment. Tenant had bought a cooperative apartment in a building across the street from the apartment, and sublet the apartment for many years. After the subtenant moved out, tenant removed his possessions from the apartment, and electrical use there was minimal. The trial court also found that tenant's testimony wasn't credible.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The trial court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. There was overwhelming proof that tenant didn't live in the apartment. Tenant had bought a cooperative apartment in a building across the street from the apartment, and sublet the apartment for many years. After the subtenant moved out, tenant removed his possessions from the apartment, and electrical use there was minimal. The trial court also found that tenant's testimony wasn't credible.

332 East 4th Street Associates v. Robertson: NYLJ, p. 27, col. 3 (2/27/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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