Was Apartment Tenant's Primary Residence?

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial, based on her responses to pretrial questioning. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. There were questions of fact concerning the nature and extent of tenant's presence at the apartment that required a trial. During the two-year period before the notice of lease nonrenewal, tenant admittedly spent three days a week at another apartment leased by her now former boyfriend in the same neighborhood. At the boyfriend's apartment, tenant maintained a study space or studio, received her mail, and kept her dog. At the same time, tenant allowed a friend, whom landlord claimed was a subtenant, to stay at her apartment at least occasionally.

Norfolk Development LLC v. Kee: NYLJ, 5/11/09, p. 27, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)