Legal Opinion

Hyatt Ave. Associates, LLC v. Rahman

Appellate Terms of the Supreme Court of New York

Decided July 27, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is affirmed, without costs.

Landlord commenced this holdover proceeding to recover possession of tenant’s rent-stabilized apartment on the ground that tenant did not occupy the apartment as his primary residence as required by Rent Stabilization Code (RSC) (9 NYCRR) § 2524.4 (c). After discovery practice, tenant moved for summary judgment dismissing the petition, and landlord cross-moved for additional discovery. By order dated January 30, 2013, the Civil Court, among other things, denied tenant’s mo*26tion, finding the existence of…

2Cases cited18 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  4. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  5. Feldsberg v. NitschkeNew York Court of Appeals · 1980

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