Legal Opinion
45th Street Associates v. Spence
Appellate Terms of the Supreme Court of New York
Decided February 24, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Orders dated March 25, 1998 and April 10, 1998 affirmed, with $10 costs.
The objective evidence in the record establishes beyond dispute that tenant was absent from and did not occupy the subject rent-stabilized apartment premises for actual living purposes during the most recent renewal term which expired May 31, 1997. Numerous documents — including leases and lease applications signed by tenant, a verified complaint in a Federal lawsuit, and an application for a business loan — demonstrate that tenant and her husband principally resided at various addresses in New Jersey…
3Cases cited4 opinions
- Berwick Land Corp. v. MucelliAppellate Division of the Supreme Court of the State of New York · 1998
- Stahl Associates Co. v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1989
- Lufkin v. DragoCivil Court of the City of New York · 1984
- Lufkin v. DragoAppellate Terms of the Supreme Court of New York · 1985
4Cited by2 opinions
- Emel Realty Corp. v. CareyAppellate Terms of the Supreme Court of New York · 2001
- Tabak v. SteeleAppellate Terms of the Supreme Court of New York · 2005