Alta Apartments v. Weisbond

I respectfully dissent and would affirm. Once again we consider contentions of nonprimary residence brought in the guise of an illegal sublet to a family member, presumably to avoid the requirements of the “Golub” notice or perhaps as a “fishing expedition” in contemplation of future litigation.

Summary judgment dismissal of the holdover petition was warranted, since landlord failed to come forward with evidence of an illegal sublet in opposition to respondents’ factual showing on their motion. All that was shown is that the stabilized apartment may no longer be the primary residence of the…