W.T. Associates v. Glauber

Judgment (denominated an order), Supreme Court, New York County (David B. Saxe, J.), entered July 21, 1988, which granted defendant’s motion pursuant to CPLR 3211 (a) (2) and (7) to dismiss plaintiff’s action seeking a declaratory judgment that defendant’s apartment is not his primary residence, unanimously modified, on the law, to declare that, because of its failure to serve the 30-day notice required by Rent Stabilization Code (9 NYCRR) § 2524.4 (c), plaintiff is estopped from denying defendant renewal of his lease based upon nonprimary residency and is directed to offer a renewal lease to…