Trial Required to Determine If Tenant Lived in Another Manhattan Apartment

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant lived in a different Manhattan apartment. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and won. There were questions of fact as to how tenant used, and how much time she spent at, the rent-controlled apartment and at another apartment, where her deceased uncle and aunt previously lived. A trial was needed to determine which apartment was tenant's primary residence.

151 E. 19th Street, LLC v. Silverberg: NYLJ, 3/7/07, p. 26, col. 1 (App. Div. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)