Tenant Lived Abroad Since 1993

April 1, 1999

LVT Number: 13120

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord showed that tenant had lived in India since 1993. Tenant spent fewer than three months a year in the apartment between 1993 and 1995. After that he didn't return to New York until 1997, when he appeared for pretrial questioning.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court ruled for landlord. Tenant appealed and lost. Landlord showed that tenant had lived in India since 1993. Tenant spent fewer than three months a year in the apartment between 1993 and 1995. After that he didn't return to New York until 1997, when he appeared for pretrial questioning.

Bud and Frank LLC v. Datwani: NYLJ, p. 29, col. 4 (3/18/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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