Tenant's Absence Due to Illness

June 30, 1994

LVT Number: 8903

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for tenant, and landlord appealed. The appeals court also ruled for tenant. Tenant didn't intend to abandon the apartment as his primary residence. His absence from the apartment was caused by illness.

Landlord sued to evict tenant for nonprimary residence. The trial court ruled for tenant, and landlord appealed. The appeals court also ruled for tenant. Tenant didn't intend to abandon the apartment as his primary residence. His absence from the apartment was caused by illness.

Lasignora Estates v. Beary: NYLJ, p. 29, col. 5 (6/2/94) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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