157 East 57th Street LLC v. Birrenbach

OPINION OF THE COURT

Final judgment, entered January 9, 2006, reversed, with $30 costs, and final judgment awarded to tenants dismissing the petition. Appeal from order, entered March 23, 2006, dismissed, without costs, as academic.

The facts underlying the landlord’s nonprimary residence claim, largely uncontroverted, are summarized as follows. The elderly tenants, husband and wife, continuously resided in the subject East 57th Street rent-stabilized apartment from the inception of the tenancy in August 1982 until October 2000, when they vacated the premises based upon the presence of a severe…