Tenant Owns House in New Mexico

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for trial. There were questions of fact concerning the nature and extent of tenant's use of the apartment and of a house she owned with her husband in New Mexico. Tenant frequently visited New Mexico through at least the end of 2000, which was a year-and-a-half before landlord sent her a termination notice. Tenant also continued to maintain a bank account in New Mexico and stated in a 1999 loan application that the New Mexico house would be her primary residence. Tenant also claimed that another person lived in the small apartment until early 2002 with tenant, tenant's husband, and their infant child.

Tulip Apts., Inc. v. Sullivan: NYLJ, 6/21/05, p. 28, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Gangel-Jacob, JJ)