390 West End Associates v. Zouker

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered November 5, 2001, which, in an action for a declaration that the subject apartment is not defendant tenant’s primary residence and therefore is not subject to the Rent Stabilization Law, denied appellants’ motion to intervene, unanimously affirmed, with costs payable by proposed interveners to plaintiff.

Defendant tenant never resided in the subject apartment but sublet it to appellants, who continue to reside in it. As a result of prior motion practice, of which appellants had notice, a judgment was entered which vacated a…