Legal Opinion

317 Magnone LLC v. Gumina

Appellate Terms of the Supreme Court of New York

Decided May 8, 2017No. 2017 NYSlipOp 50612(U)Published

1Opinion of the Court

317 Magnone LLC, Petitioner-Landlord-Respondent,

against

Carol Ann Gumina, Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered March 28, 2016, after a nonjury trial, awarding possession to landlord in a holdover summary proceeding.

2Per curiam

Final judgment (Jean T. Schneider, J.), entered March 28, 2016, affirmed, with $25 costs.

A fair interpretation of the evidence supports the finding that tenant did not utilize the subject rent controlled apartment as her primary residence (see 409-411 Sixth St.,…

3Cases cited4 opinions

  1. 409-411 Sixth Street, LLC v. MogiNew York Court of Appeals · 2013
  2. Berwick Land Corp. v. MucelliAppellate Division of the Supreme Court of the State of New York · 1998
  3. Second 82nd Corp. v. VeidersAppellate Division of the Supreme Court of the State of New York · 2017
  4. 1286 First Realty Associates, L.P. v. MalatinskyAppellate Terms of the Supreme Court of New York · 1998

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