405 East 56th Street, LLC v. Malfa

OPINION OF THE COURT

Final judgment, entered on or about August 11, 2010, reversed, petition reinstated, and matter remanded for a new trial consistent with this opinion, with $30 costs to abide the event.

The evidence presented at the trial of this nonprimary residence holdover proceeding showed, and it is not seriously disputed, that tenant made only minimal, daytime use of the East 56th Street stabilized apartment here at issue for the IV2year period between February 2007 and his receipt of the underlying notice of nonrenewal in July 2008, living instead in *86an East 91st Street apartment…