Tenant Claims Landlord Agreed to Use of Two Apartments

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived in the apartment next door as his primary residence. Tenant asked the court to dismiss the case without a trial based on waiver. Tenant claimed that he had been using both apartments for 15 years as his primary residence without complaint by landlord. The court ruled against tenant. There were questions of fact that required pretrial questioning, as requested by landlord.

9554 NY Apt. Assocs. v. Hennessy: Index No. 062678/99 (Civ. Ct. NY 4/20/99; Malatzky, J) [5-pg. doc.]