Legal Opinion
409-411 Sixth Street, LLC v. Mogi
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Renwick, J.
‘ Petitioner landlord commenced this holdover proceeding to recover possession of a rent-stabilized apartment located on East 6th Street, New York, New York, on the ground that respondent Masako Mogi (tenant) does not occupy the subject premises as her primary residence. Unlike the courts below, we find that the landlord has not established by preponderant evidence that the tenant has forfeited her principal New York residence of long standing.
The tenant occupies the subject studio apartment under a rent-stabilized lease entered into in 1980 and periodically…
2Cases cited13 opinions
- 300 East 34th Street Co. v. HabeebAppellate Division of the Supreme Court of the State of New York · 1997
- Universal Leasing Services, Inc. v. Flushing Hae Kwan RestaurantAppellate Division of the Supreme Court of the State of New York · 1991
- Draper v. Georgia Properties, Inc.New York Court of Appeals · 1999
- Glenbriar Co. v. LipsmanNew York Court of Appeals · 2005
- Emay Properties Corp. v. NortonAppellate Terms of the Supreme Court of New York · 1987
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