Trial Required

March 1, 2004

LVT Number: 17168

Landlord sued to evict tenants for nonprimary residence. Landlord claimed that tenants allowed others to occupy at least part of the SRO rooms they rented. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and lost. There were questions of fact as to whether tenants used the units as a combined primary residence. A trial was required.

Landlord sued to evict tenants for nonprimary residence. Landlord claimed that tenants allowed others to occupy at least part of the SRO rooms they rented. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and lost. There were questions of fact as to whether tenants used the units as a combined primary residence. A trial was required.

75th St. Properties, LLC v. Debs: NYLJ, 2/18/04, p. 28, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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