Ennismore Apartments, Inc. v. Gruet

OPINION OF THE COURT

Final judgment, entered on or about April 18, 2008, reversed, with $30 costs, final judgment of possession awarded to petitioner, and matter remanded for determination of petitioner’s claim for use and occupancy. Execution of the warrant of eviction shall be stayed for 30 days after service of a copy of this order with notice of entry.

We agree with petitioner-appellant that respondent Gruet is not entitled to succeed to the subject West 79th Street rent-stabilized apartment. Respondent is judicially estopped from asserting that he primarily resided at the subject unit for…