9554 NY Apartment Associates, L.L.C. v. Hennessy

OPINION OF THE COURT

Peter M. Wendt, J.

*528Petitioner commenced this summary holdover proceeding in March 1999 to recover possession of the subject premises, 1845 First Avenue, apartment 5S, New York, New York. Petitioner elected not to renew respondent’s lease as a result of respondent’s alleged failure to occupy the subject apartment as his primary residence. Petitioner alleges that respondent maintains his primary residence at another unit, 5N, in the same building and on the same floor. Respondent argues that petitioner and its predecessors have acquiesced to his use of both apartments 5N and…