Katz Park Avenue Corp. v. Jagger

Malone, J. (dissenting).

By summarily ruling that all holders of B-2 tourist visas cannot, as a matter of law, maintain primary residences in New York City rent-stabilized apartments, the majority erroneously equates domicile with primary residence. The *192flaw in this reasoning lies in part in the majority’s. borrowing the Immigration and Nationality Act’s definition of “residence,” which clearly denominates an affiliation with an entire nation but was not intended by Congress to denote a connection with a particular unit. Use of the term “residence” in immigration law is analogous to the…