Kace Realty Co. v. Levy

OPINION OF THE COURT

Lester Evens, J.

The petitioner seeks to obtain a judgment of possession on the ground that the respondent has not maintained the subject apartment as his primary residence. The petitioner also moves to dismiss several of the respondent’s affirmative defenses. The respondent cross-moves to dismiss the petition on several grounds. The respondent’s motion is granted on the ground that petitioner has not stated a cause of action for eviction, and on the ground that this court does not have subject matter jurisdiction to determine the primary residence status of the respondent.

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