111 Realty Co. v. Sulkowska

OPINION OF THE COURT

Order, entered August 20, 2007, affirmed, with $10 costs.

This holdover summary proceeding, based upon allegations of nonprimary residence, is not susceptible to summary disposition. While tenant readily acknowledges her ownership of two separate residential units in Florida, material issues of fact as to the situs of tenant’s primary residence are raised by tenant’s deposition testimony indicating her use of the rent-stabilized Manhattan apartment here at issue for all but the winter months and ample documentary indicia of tenant’s residency in the New York apartment. This…