Ascot Realty LLC v. Richstone

Order of the Appellate Term of the Supreme Court, First Department, entered August 21, 2003, which affirmed a judgment of the Civil Court, New York County (Jean T. Schneider, J.), entered May 10, 2001, after a nonjury trial, granting possession to petitioner landlord in this nonprimary residence summary proceeding, unanimously reversed, on the law, without costs, the judgment of the Civil Court vacated and the petition dismissed.

Despite the absence of any objection to testimony that the tenant continued staying in his friend’s apartment subsequent to service of the notice of termination, such…