Legal Opinion

Santorini Equities, Inc. v. Picarra

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

In this action, Santorini Equities, Inc. (hereinafter referred to as the landlord) sought to terminate a tenancy based upon non-primary residency. After a nonjury trial, the court awarded possession of the subject premises to the landlord. The trial court held that the tenant did not occupy his apartment for at least 183 days in the year 1999 and possibly 2000. Nevertheless, for the reasons set forth below, we reverse and find that the court improperly awarded possession to the landlord.

The plain language of the Rent Stabilization Law and its calculation of…

2Cases cited6 opinions

  1. MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
  2. Crow v. 83rd Street AssociatesNew York Court of Appeals · 1986
  3. Sommer v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1986
  4. 83rd Street Associates v. BeldoughAppellate Division of the Supreme Court of the State of New York · 1986
  5. KSB Broadway Associates, LLC v. SandersAppellate Terms of the Supreme Court of New York · 2002

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3Cited by1 opinion

  1. 553 W. 144th LLC v. SeverinoAppellate Terms of the Supreme Court of New York · 2018

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