Trial Required

May 31, 1994

LVT Number: 8826

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, and the court refused. It found that factual questions had to be resolved. Although tenant resided in the apartment, there wasn't sufficient evidence to prove that tenant had lived in the apartment for the required period of time---a minimum of 183 days a year. A trial would resolve these questions.

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, and the court refused. It found that factual questions had to be resolved. Although tenant resided in the apartment, there wasn't sufficient evidence to prove that tenant had lived in the apartment for the required period of time---a minimum of 183 days a year. A trial would resolve these questions.

Berdar Equities v. Hamilton: L&T Index No. 116466/93 (4/29/94) (Civ. Ct. NY; Evans, J) [5-page document]

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