Village Development Assocsiates, L. L. C. v. Walker

—Order of the Appellate Term of the Supreme Court, First Department, entered June 19, 2000, which affirmed an order and judgment (one paper) of the Civil Court, New York County (Ruben Martino, J.), entered January 12, 1999, after a nonjury trial, dismissing the petition and awarding possession of the subject rent-controlled apartment to respondent, unanimously affirmed, without costs.

The duly credited trial evidence did not adequately support the allegations of the petition to the effect that respondent did not reside primarily in the subject rent-controlled apartment. Indeed, the evidence,…